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Any chance of a review of the FWR moderation rules in light of Maya Forstater's success in court please?

915 replies

ViperAtTheGatesOfDawn · 10/06/2021 13:02

The belief that transwomen are men and that transmen are women has been accepted as a legitimate and protected belief, yet we are not able to state this on Mumsnet under the current rules.

It has become increasingly difficult to discuss feminist issues on the dedicated feminism boards as a result of the moderation rules.

In light of Maya's success in court, and that 'gender critical' beliefs are considered protected under the Equality Act, would it be possible for the FWR sex/gender mod rules to be re-visited please?

OP posts:
Thread gallery
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ViperAtTheGatesOfDawn · 12/06/2021 01:50

LangClegsInSpace 👏🏼👏🏼👏🏼👏🏼👏🏼

That is the most important post of this thread.

OP posts:
LangClegsInSpace · 12/06/2021 01:22

@JustineMumsnet

Hey,

Thanks for all your thoughts on this. We’re delighted with yesterday’s judgement because it vindicates the position we’ve held at Mumsnet for some time. Namely that people should be able to discuss sex-based rights and the implications of gender self-id freely, without harassment and that it’s not transphobic to do so.

This has not been an easy position for us to hold - we’ve been frequently labelled as a hate site by a few vocal activists on social media and in outlets such as Pink News and many of our advertisers have been targeted with such accusations, and subsequently withdrawn activity. So it’s a relief that, as of yesterday, our position is very clearly on the right side of the law.

That said, we believe it’s important, and in fact the only way forward where competing views and rights are directly in conflict, to be respectful of other opinions and beliefs - hence our insistence on civil debate and our keenness to be inclusive of diverse voices. There’s an important difference - hinted at in yesterday’s judgement - between stating a view in principle and stating it in an aggressive and offensive way - such as deliberately misgendering individuals or repeatedly trotting out ‘transwomen are men’. Threads devoted to named individuals to unpick their gender presentation, appearance, lifestyle or personal choices constitute a personal attack, so we will continue to delete them along with unfair generalisations. It’s this type of behaviour (as opposed to the view that sex is immutable) that we consider to be transphobic, and hence it is against our Talk guidelines.

Posting guidelines on Mumsnet have never simply been about a set of defined rules of what can and can’t be said: we always want to take context into account because this is as much about the kind of community we want, collectively, to create (one that is inclusive, supportive and thoughtful as well as incisive and bold) as about the semantics of what’s written.

We also think now might be the time to consider a reshuffle of the topics in the Feminism board. Feminism and feminist organising has always been a crucial part of Mumsnet and we want all Mumsnet users to feel they can use these boards to discuss the hundreds of ways in which sex - and gender roles - impact on women’s lives, irrespective of their views on sex and gender. So we’d like to introduce a separate topic for Sex and Gender issues and at the same time streamline some of the other topics under the FWR umbrella (some of which are rarely used).

I know some of you will be disappointed that we insist on respectful language and inclusivity here when elsewhere many gender critical feminists have had to put up with extraordinary amounts of incivility and indeed downright harassment. Please be assured that we will continue to insistently make the case for women’s right to be heard on this topic both on Mumsnet and off. But we do believe it’s far more effective to do that from a position of the moral high ground.

What a terrible response.

You may be delighted with yesterday's judgment but it doesn't appear that you have understood it, or its implications for you as a service provider.

This thread was a good faith request to review your moderation policies in light of this judgment, to ensure you are not discriminating against or harassing posters who believe sex is importantt and posters who do not believe in gender identity.

You have ignored this request and instead you are proposing plans which will make it even more difficult for women who believe that sex is important, and who don't believe in gender identity, to discuss our rights.

So it’s a relief that, as of yesterday, our position is very clearly on the right side of the law.

Are you sure about that?

Maya's case wasn't about you, it was about us. The EA gives rights to individuals. It imposes obligations on service providers. Are you meeting your obligations?

Your portrayal of FWR posters here is extremely offensive and inaccurate:

'deliberately misgendering individuals'

'repeatedly trotting out ‘transwomen are men’'

'Threads devoted to named individuals to unpick their gender presentation, appearance, lifestyle or personal choices'

'I know some of you will be disappointed that we insist on respectful language and inclusivity'

That's what you think of us is it?

This 'reshuffle' you are proposing -

The general rule is that new topics are created in response to demand from the people who want to use them.

It never, ever goes well if a new topic is created in response to demand from people who want other people to use it because the basic message is 'fuck off over there where I don't have to engage with you'.

You know this.

You know that those rarely used topics under the FRW 'umbrella' (Hmm), which you want to 'streamline', are just the sad, dusty detritus left over from last time you tried to send the wrong sort of feminist somewhere else out of the way.

So in summary -

  • you have failed to address the issue of whether the special rules unlawfully discriminate against posters with the protected belief that sex is important / protected lack of belief in gender identity
  • you have failed to address the issue of whether posters with the protected belief that sex is important / protected lack of belief in gender identity are being moderated fairly, to the same standard as other posters
  • you have said some very offensive things about posters with the protected belief that sex is important / protected lack of belief in gender identity
  • you want posters with the protected belief that sex is important / protected lack of belief in gender identity to go away and post somewhere else so that some other posters don't have to see or engage with us.

'Please be assured ...'

No.

And I don't think the moral high ground is quite where you think it is.

Albgo · 12/06/2021 01:08

Mumsnet - please please don't use what is a valid request (the original op) as an excuse to shunt off gender critical feminists / debate from the feminism board. It's a shocking idea.

CoriCelesti · 12/06/2021 01:05

@PearPickingPorky

If it is true Packit then I cannot comprehend it at all.

This is Mumsnet, and yes, it's open to everyone, male or female, parents and not. There are so many, many boards that are inclusive and accessible to anyone and everyone. But there are some that are not. Would you have a man mod the childbirth and pregnancy, or abortion threads? No, that wouldn't be appropriate. Relationships? Again, no, that would not be appropriate (given the sensitive and almost-always gendered nature of those threads and the particular vulnerabilities of women in abusive relationships). There are dozens of boards where one's sex is not relevant, where disagreement is rife and needs significant moderation: Politics, AIBU, celeb guff, the Royals, Money etc etc etc - loads of places where men could work with absolutely no issues.

WHY would anyone ever think a man modding the Feminism and women's rights board was appropriate?!

The more I think about that, the more incomprehensible it gets. Women, talking about their own movement, on a board specifically for their movement against men's oppression, having their opinions on feminism assessed for approval by a man.

Confused

This needs to be posted again! Well said Pear

Also :

It is rather infantilising to think that adults cannot scroll past titles that they don't agree with or want to engage with. A little like the push to declare that adults are acutely harmed and need strict protection when the words 'women and ....' is used in communications about women's health

I haven't posted for a couple years now (have NC), but still lurk. I also want FWR to remain as is and for the moderation to become more sensible. R0 and Lang should be reinstated. Haven't seen TheBewilderness or AAK for a while. Though I may have missed their posts, hoping they haven't been banned.

I always found FWR to be the least nasty board. The women defend their points of view with finesse and intelligence. They are constantly under attack. I believe it was on MN FWR some years ago that they were even slammed for talking about baking or animals to avoid the continual goady posts by a plopper. I think the thread was taken down for not being inclusive or something along those lines. It was incredibly frustrating that they couldn't answer back without risking deletion, but were trashed for being off topic. The lack of fair play has been staggering.

EmbarrassingAdmissions · 11/06/2021 23:46

Better thread from Adam Wagner (Human Rights lawyer) about the Forstater judgment that I'd have expected:

twitter.com/AdamWagner1/status/1402936358658883584

Interesting comment from an insurance silk:

Beyond the principal issue, para 108 of the Forstater judgment strikes me as also being potentially significant

twitter.com/GreatStrides65/status/1402942274519060480?s=20

AnyOldPrion · 11/06/2021 23:46

I started reading FWR because of the continual comments elsewhere about how awful it was. I stayed because the discussion about the clash between women’s rights and what was being demanded by the trans lobby was interesting. And because all the topics are together, I then clicked on others and thus learned about other important feminist topics. So had there been a separate section, I would almost certainly have learned less about the wider feminist debate.

I also suspect this might have come up because those extra rules are never going to be removed, and the staff want women to stop asking. If that is the case, I would much prefer to hear it directly, along with a polite but determined request to stop asking.

Ereshkigalangcleg · 11/06/2021 23:39

but it is illegal to express them if it was to discriminate against a protected characteristic?

Which includes people with protected beliefs like religions or gender critical feminism. There is no hierarchy of protected characteristics, each case would stand on its own merits. So sometimes the TRAs would have a case against an individual and sometimes it would be the other way round. Read some of the neutral legal interpretations.

ApplesinmyPocket · 11/06/2021 23:26

@Thecatonthemat

There is no need to shunt us off the feminism board and I find it pretty offensive that MNHQ think this is their preferred option. I cannot see any justification. What we are asking for is that the rules are changed in the light of the Maya judgement, and applied equally. Sex and gender discussions are absolutely fundamental to women’s rights and to our feminism. So it’s a NO from me too. We are all able to see or not see posts that interest us.
And write ones which do interest us.

I too feel upset that MNHQ's reaction here. It feels as if we're being punished - 'oh and by the way, we keep getting asked to put you lot somewhere you can't be seen by decent people, so that's what we're going to do.'

NiceGerbil · 11/06/2021 23:25
Smile
littlbrowndog · 11/06/2021 23:18

@NiceGerbil

' 'One of my main beefs with the Feminist Board when I first started on MN was how it was word salad and inaccessible shite and a bunch of people telling you to go read whatever.'

Yes! I did not enjoy that phase.

It has been through various ways it felt, as it were.

When it was first set up was when my personal legends were around. Dittany, Sakura, Lenin, others whose usernames I can't quite remember. The flavour back then was different as well.

If we're talking about banning then I still miss Dittany! The others kind of melted away, or maybe are still around under different names (like me).

I think that there's only a certain amount of time you can go round and round having the same conversations. And eventually many move on. I'm obviously a bit of s creature of habit Grin

The intellectual years I was not a fan of at all. I'm glad that's not going on any more.

Then this came. It was raised on feminism from time to time starting maybe 5 years ago. And now it's taken over the whole board.

And that's just how it is. Many posters now are single issue. They come for that conversation. Not feminists. Women worried about what's happening. Many have said reading the board has opened their eyes to women's issues though. Stuff they weren't aware of. The different abortion rights around the world. The activism by women on loads of topics around the world. The gains and the pushbacks. Which orgs and charities seem to be doing good work/ are grassroots, if they say they want to help. Things like the vaginal mesh scandal, topics around pregnancy and childbirth etc. Just loads of stuff is still in there even now.

So I think that's good. I think it would be a shame to reduce the browsing and reading and hearing opinions on other women's rights topics.

So that's another reason I wouldn't want to see it hived off.

And another thought @JustineMumsnet. It's often accused of being an echo chamber. Which is funny because it's open to everyone and you can't block anyone etc. If there was a separate section there would be a danger of ending up that way. And for more considered posters staying on the main board, who are often the ones to say hold on a minute that's not right, I don't agree etc etc. So that would be a really good reason not to do it. I go for the feminism but post a lot everywhere. 2 topics I'd probably go to one, as I do with chat at the moment. I mean not saying I'm great or anything just trying to say that you might end up with an unintended consequence here.

And this
littlbrowndog · 11/06/2021 23:15

@RedToothBrush

To get to the crux of a problem you tend to have to speak in blunt, clear, crisp language.

This can be interpreted by some as rudeness. For others its language which breaks down the argument into component parts that are accessible for all.

One of my main beefs with the Feminist Board when I first started on MN was how it was word salad and inaccessible shite and a bunch of people telling you to go read whatever.

In recent years, where the argument has really been won has been in something of a change in this - people repeating the argument patiently and in accessible ways that make it easy to understand why the desire to conflate sex and gender fundamentality is one of the greatest threats to women's rights and the foundation of all the current arguements / problems / conflict.

If you try and separate it off, it spectacularly misses the point and doesn't resolve this either way. It stops the debate about WHY this is just so crucial to understand and why it leads to issues further down the line.

If you can't come to a workable understanding/tolerance/compromise - call it what you will, you will see the issues women face fester, remind hidden from view or deliberately buried either by accident or nefarious players.

You CAN NOT - regardless of which side of the fence you are on - pretend this isn't an issue. Why? Because material reality and the fact you still have an unresolved situation in which harm occurred / needs are not being balanced.

Its almost like being King Knut sitting on the beach asking the tide not to come in. Its not a solution. Its a fudge that doesn't work.

Things only get sorted if you actually tackle things like this head on. Think of it like seeking a peace accord - like the GFA. You HAVE to get all parties sitting down at the table effectively.

This is what government should be aiming for. A proper public debate on the matter in which grievances are properly aired but taken seriously and then a settlement reached.

I do think the same is true of MN.

Avoiding the problem or constantly banning posters for stating what is sometimes the bleeding obvious / has been posted by others without consequence / is an unavoidable truth back up with case evidence (which at times might be unpalatable and doesn't align with politically correct views) isn't going to help.

Its just going to lead to resentment and more digging in of heels.

Yep

And I still miss Lang.

Thecatonthemat · 11/06/2021 23:14

There is no need to shunt us off the feminism board and I find it pretty offensive that MNHQ think this is their preferred option. I cannot see any justification. What we are asking for is that the rules are changed in the light of the Maya judgement, and applied equally. Sex and gender discussions are absolutely fundamental to women’s rights and to our feminism. So it’s a NO from me too. We are all able to see or not see posts that interest us.

PearPickingPorky · 11/06/2021 23:11

If it is true Packit then I cannot comprehend it at all.

This is Mumsnet, and yes, it's open to everyone, male or female, parents and not. There are so many, many boards that are inclusive and accessible to anyone and everyone. But there are some that are not. Would you have a man mod the childbirth and pregnancy, or abortion threads? No, that wouldn't be appropriate. Relationships? Again, no, that would not be appropriate (given the sensitive and almost-always gendered nature of those threads and the particular vulnerabilities of women in abusive relationships). There are dozens of boards where one's sex is not relevant, where disagreement is rife and needs significant moderation: Politics, AIBU, celeb guff, the Royals, Money etc etc etc - loads of places where men could work with absolutely no issues.

WHY would anyone ever think a man modding the Feminism and women's rights board was appropriate?!

The more I think about that, the more incomprehensible it gets. Women, talking about their own movement, on a board specifically for their movement against men's oppression, having their opinions on feminism assessed for approval by a man.

Confused
Packitupwillya · 11/06/2021 22:42

@PearPickingPorky

Hang on, I missed this upthread - Why is a man now in charge of monitoring and moderating women's speech on women's rights in the feminism section Shock

Is this true? Because this in incredible if so. Absolutely incredible. What on earth was the rationale at MNHQ for this decision?

Really, is this actually true @MNHQ?
RedToothBrush · 11/06/2021 22:36

I think I've always seen MN (and healthy social media) as reflecting the principles of journalism and that posters all have the potential to be effectively 'citizen journalists' as well as also being the equivalent of modern 'newspaper readers' when it works well. It has the power to highlight the reality of experience and to hold power to account.

For me this has always been the greatest power of MN and its done it better than many other online mediums.

That relies on cross pollination of views.

I do appeal to retaining that.

I want constructive debate and it recognised when people have gone to trouble to highlight problems or express the often emotional and difficult nature of their life experience and how things have impacted on them.

MN often is an avenue for women to do this, when everywhere else is largely hostile to this as its dominated by men.

I ultimately came to MN because of problems elsewhere online which featured constant abuse and sexual harassment of women. I had long used male user names to avoid a huge amount of this and to be taken seriously. I do look at the world of teenage girls seeing to take this to another level and wonder about whats going on. The irony isn't lost on me.

NiceGerbil · 11/06/2021 22:31

Justine has a lot to think about for sure!

In the end it's MN decision. And that's aok.. They never had to host these conversations. The amount and type of communications asking them to choose discussions, I dread to think some of the content. And they're not anonymous.

They've had loads of targeting of their sponsors etc so affecting revenue potentially.

And the site has been repeatedly smeared as a hate site.

So whatever @JustineMumsnet and the team decide is fine by me. I'll still post Smile

Anyway I've put down a few thoughts and arguments that might go into the mix as have plenty of others.

Sorry to tag you again Justine. Thanks again. This site and esp feminist posters and the FWR board have been really important to me. When I first joined when pregnant, I came across Dittany. And others. And the thoughts and feelings and opinions that I had had from a child as just knowing something wasn't right but no one else seemed to notice or understand, there they were writing them down. It was incredible.

So I care a lot about the site and the topic, in general, and not just over this issue.

Fallingirl · 11/06/2021 22:27

@littlbrowndog

And Rowan wtaf was she been banned for

She’s great and always linking to resources

Apparently she was banned for posting too much text and talking about abusive dynamics. Some people do not like that, and yes, r0’s name was on the aforementioned list of posters to be targeted.
PearPickingPorky · 11/06/2021 22:27

unless what you actually mean is that you wan’t to section of conversations about gender identity. If those with an interest in spiritual and innate gendered stereotype alignments want their own board to discuss these issues I am ok with that.

Yes I think this would be a very good idea. There are a lot of MNers who don't want to see any discussion about or relating to women as a sex class, and find it exclusionary of those with beliefs in Gender Identity Theory, so I think it would be an excellent idea for there to be a separate board which is a safe space for them to post about this, where they wouldn't be triggered by seeing feminist views.

Brilliant idea, fallin.

Fallingirl · 11/06/2021 22:22

the many requests we've had for a reorganisation from those who are keen to discuss, for example, inequality and stereotyping but want to avoid discussions around the trans vs women's rights debate

I am now very confused. If you send discussions of sex and gender off to some other section, would discussion of “inequality and stereotyping” go there, or were you thinking such a topic could remain on the current board?

I can’t really see how you could avoid talking about biological sex or socially constructed gender if you were trying to address inequality between the sexes and gendered stereotyping.

Did you mean gender identity when you said gender? Part of the problem, and it is one that affects all discussions of women’s issues, is that the word “gender” is often used to mean either sex, which is biological, gender identity, which is faith based/spiritual, or the correct meaning of the word, social gender.

Given this confusion I cannot see how it could work in practice to section off conversations involving sex and gender, unless what you actually mean is that you wan’t to section of conversations about gender identity. If those with an interest in spiritual and innate gendered stereotype alignments want their own board to discuss these issues I am ok with that.

RedToothBrush · 11/06/2021 22:20

@Quaggars

To say that there hasn't been a list, when its been linked to, is massive gaslighting

I didn't say anything about a list, anywhere, so not sure why you're implying I did, never mind implying gaslighting.
So don't put words in my mouth, please muchly.

Don't call it a bloody conspiracy theory then.

Bottomline, one way or another people have tried repeatedly to get certain posters to stfu because they didn't like what they had to say.

Other bottomline, where we are now in terms of highlighting the law and conflicts of interest between charities and organisations, was also about that.

And its not holding up in law. And I suspect we will see more legal cases highlighting the problem.

In other words, its being demonstrated that these posters often had a very valid point.

Its been difficult and frustrating to argue in the face of that. People have lost tempers, they have been tripped up and in some cases I do very much think have been treated inconsistently.

We all see our own sex. Whether we choose to admit this is the only difference.

PearPickingPorky · 11/06/2021 22:17

@NiceGerbil

Glad to hear it littlebrowndog and I have always enjoyed and appreciated your posts.

The intellectual wankery years were terrible.

Yep, I only dared read , and eventually post, on these boards once normal everyday insightful and intelligent women started explaining things using simple language that I, a common/garden woman, could understand.
NiceGerbil · 11/06/2021 22:12

Glad to hear it littlebrowndog and I have always enjoyed and appreciated your posts.

The intellectual wankery years were terrible.

RedToothBrush · 11/06/2021 22:09

One of the things about being challenged about your views is it gives you the opportunity to reassess what you think. Its healthy.

Sometimes it helps you to understand opposing positions better even if you disagree. Other times it helps you to develop your view further and gain information which backs up your position. Other times it helps you change your mind.

Liberal democracy and healthy debate operate based on this.

The suggestion of formulated echochambers on this subject are only are for the benefit of MNHQ imho. They don't improve the quality of women's lives. They don't get to the crux of problems.

Given that the tide is starting to recognise there are very real problems with the enforcement of the law and that a certain charity is proving to be a concern, which only has occurred due to increased awareness and people gradually changing their minds - due to debates and conversation - which in many cases was initially challenging previous views is this something MN want to lose?

There are so many posters who have said they saw conversations which changed their minds or made them question certain issues due to FWR.

On the issue of single sex protection and other women's rights issues.

littlbrowndog · 11/06/2021 22:08

And Rowan wtaf was she been banned for

She’s great and always linking to resources

littlbrowndog · 11/06/2021 22:06

@RedToothBrush

To get to the crux of a problem you tend to have to speak in blunt, clear, crisp language.

This can be interpreted by some as rudeness. For others its language which breaks down the argument into component parts that are accessible for all.

One of my main beefs with the Feminist Board when I first started on MN was how it was word salad and inaccessible shite and a bunch of people telling you to go read whatever.

In recent years, where the argument has really been won has been in something of a change in this - people repeating the argument patiently and in accessible ways that make it easy to understand why the desire to conflate sex and gender fundamentality is one of the greatest threats to women's rights and the foundation of all the current arguements / problems / conflict.

If you try and separate it off, it spectacularly misses the point and doesn't resolve this either way. It stops the debate about WHY this is just so crucial to understand and why it leads to issues further down the line.

If you can't come to a workable understanding/tolerance/compromise - call it what you will, you will see the issues women face fester, remind hidden from view or deliberately buried either by accident or nefarious players.

You CAN NOT - regardless of which side of the fence you are on - pretend this isn't an issue. Why? Because material reality and the fact you still have an unresolved situation in which harm occurred / needs are not being balanced.

Its almost like being King Knut sitting on the beach asking the tide not to come in. Its not a solution. Its a fudge that doesn't work.

Things only get sorted if you actually tackle things like this head on. Think of it like seeking a peace accord - like the GFA. You HAVE to get all parties sitting down at the table effectively.

This is what government should be aiming for. A proper public debate on the matter in which grievances are properly aired but taken seriously and then a settlement reached.

I do think the same is true of MN.

Avoiding the problem or constantly banning posters for stating what is sometimes the bleeding obvious / has been posted by others without consequence / is an unavoidable truth back up with case evidence (which at times might be unpalatable and doesn't align with politically correct views) isn't going to help.

Its just going to lead to resentment and more digging in of heels.

Great thread

Sums it up for me

I was never going to go on old feminist board. They spoke in language I didn’t understand
But now I can join in and also learn stuff

Swipe left for the next trending thread