Legal action against Eventbrite for unlawful discrimination

Yes, I agree.

Forstater is not just applicable to employment, the finding of the EAT was that GC beliefs are covered under the Equality Act as a protected characteristic and "worthy of respect in a democratic society". I guess it remains to be seen if Eventbrite can successfully argue that they aren't covered by the EA.

Well technically T&Cs are not “American corporate regulations.”

And technically, the Forstarter ruling isn’t U.K. legislation but English employment tribunal case law.

But I get your gist.

As I said, international agreements govern the applicable laws for cross border digital services so it’s not as cut and dry as you seem to think it is.

This isn’t an easy win for OP. I do not envy her the fight she has taken on and have a lot of admiration for her fighting for her (and by extension our) freedom of speech.

So, you'll know that American corporate regulations don't over-ride UK legislation. Good oh.

Yes.

Amazon who sells your book has had you listed as the author since the day of publication. (I’ve redacted your actual name out of respect for your privacy). Might want to get that corrected if that’s the strategy you are going for.

Discovereads · Today 20:22

Do you know about Maya Forstatter?

Coyoacan · 08/11/2022 04:11
I know this is a side issue, but the idea that US companies can impose their laws anywhere in the world with their T&C is appalling.

I agree, and in particular how dare they impose their gender ideology poison here.
There’s a another thread about a U.S. lawyer being sacked for using the words woman and female when discussing Roe vs Wade, even though she explained only females can be affected by abortion.

I am shocked too that this organisation, so commonly used here in the U.K. is Californian. Is there a U.K. version?

That is all derailing though. Yes, I’ll do some digging and planting before spring, and thank you.

@SinnerBoy
Their T&Cs cannot over-ride national legislation.
Unless their T&Cs are IAW international agreement regarding the jurisdiction of law for B2C or B2B cross border digital services.

Discovereads · 05/01/2023 17:47

...it is worth re-posting the Eventbrite Community Guidelines referenced in section 16 of the T&Cs.

^Don’t Post Hateful or Dangerous Content or Events That Discriminate Against or Threaten Any Societal Group, or Encourages Violence. This includes:
-Hate speech, hateful ideologies and hateful activities that incite, encourage or engage in violence, intimidation, disparagement, harassment, or threats targeting an individual or group based on their actual or perceived race, ethnicity, religion, national origin, immigration status, gender identity, sexual orientation, disability, age or veteran status.^

Veteran status is not covered in British Law and they've omitted sex. Their T&Cs cannot over-ride national legislation.

As they say that they've banned her for posting sex realist comments, which they have decided (against legal precedent) is hateful, why don't they ban MRA zealots, who have undoubtedly poste the worst sort of threats and abuse online?

Do you think that they are extremely biased? I do.

If it's a paid event, I think they take a cut.

Do they sell the tickets for free, or do they charge for that service?

IIRC, Sarah's book wasn't even published when she was selling tickets for this event. Eventbrite's service provision is facilitating the sale of tickets through advertising on their site, not selling the tickets, or indeed the book, for Sarah.

As per the twitter thread, Eventbrite have 'terms of service'. So are they claiming this refers to a service someone else is providing? I'm not sure I get their argument.

Mansplaining. ‘‘Twas ever thus.

There are both case law precedents and international agreements covering this type of digital services, but not going to lie, they are not favourable to the OPs case. It may well be a baited trap for Eventbrite to be daring OP to argue they are a service provider.

OMG, serve me right for multi-tabbing - sorry, that was intended for another thread. I've reported myself.

Hope things are going well with this - the thread has been a real legal education.

Marge the Pie, vs barristers of many years’ study, training and experience with the law. I wonder whose legal advice I’d pick? So difficult! 🤔

Eventbrite can argue that they are not covered by the U.K. EA 2010 as a service provider, but it remains to be seen whether a U.K. court would agree.

That clause applies to events and attendees in the EU, Switzerland and the UK. It makes the author the data controller, and Evenbrite the data processor because under EU law someone has to act in that capacity.
Surely Eventbright agreeing to act as the data processor means they admit they are a service provider? It could also be argued that they admit using EU law when operating in the EU.

I predicted that this exact argument would happen (see below), so not odd in the slightest.

The event affected was the launch of OP’s book, OP is listed as the author of this same book. This means a clear way to argue OP is not a U.K. User under the T&Cs and therefore the EU amendments do not apply.

Therefore Eventbrite did not breach the contract.

Surely, OP you mentioned this to your legal counsel so they are prepared for this? it shouldnt be a shock or thought of as odd. It is such an obvious counter argument and I gave you heads up that this would happen on a silver platter.

Perhaps you listened to the posters calling me stupid and insulting me instead? That would be really discouraging.

Discovereads · 10/11/2022 00:46

I’m not sure this would apply to OP after all?

”27.2 EEA, Swiss and UK Users. If you are a User located in the European Economic Area ("EEA"), Switzerland or the United Kingdom (together, "EU") who is an individual acting for purposes that are wholly or mainly outside of your trade, business, craft or profession while using the Services, then the following EU Amendments available here apply to you. If you are an Organiser and process personal data of EU event attendees, you are a data controller with respect to your event attendees' personal data and Eventbrite will act as a data processor. With respect to EU personal data that an Organiser holds as a data controller, the Data Processing Addendum for Organisers located here is incorporated into these Terms.”

OP is an individual.

OP is an author, which is a craft, and she was using the Eventbrite Services to sell tickets for the launch of her book (the product of her craft).

OP’s acting for purposes that are not wholly or mainly outside her craft while using the Services.”

Quite possibly.

Are they using the US definition? If a business if operating in the UK, UK law applies;

Guidance for service providers

• What equality law means for your business when you’re providing goods, facilities or services to the public

Who is this page for?
Any organisation providing a service
www.equalityhumanrights.com/en/advice-and-guidance/guidance-service-providers