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

12 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?

soniamumsnet · 10/06/2021 13:20

Hi - just dropping in to say we'll discuss this in the virtual MN office. Flowers

JustineMumsnet · 11/06/2021 11:55

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and in outlets such as Pink News and many of our advertisers have been targeted with such accusations, and subsequently withdrawn activity.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.

JustineMumsnet · 11/06/2021 12:32

@SunnyintheSun

Eh? As a feminist I’m interested in ALL feminist issues, not just the sex/gender debate. Why would you separate them out? And how would that work for what is such a central issue to many other topics?
To be clear (sorry I probably wasn't very) we're not proposing hiving anyone off according to their beliefs - anyone can post anywhere - what we're suggesting is having 2 topics within FWR:

Sex and gender discussion
Feminism chat

This is so that people who don't want to see/engage with the debate about women's/ trans rights can avoid it but still discuss feminist issues of which there are many. Anyone is free to post in either topic.

JustineMumsnet · 11/06/2021 12:33

We could just call the topic women's/trans rights I suppose...

JustineMumsnet · 11/06/2021 12:47

@TinselAngel

Anyone is free to post in either topic.

But if we start threads in the wrong one they will be moved, presumably?

Well the aim here is to facilitate 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. So yes we'd ask you to post accordingly.

JustineMumsnet · 11/06/2021 12:52

@Wrongsideofhistorymyarse

You are never going to win over and appease the people who have already decided they hate Mumsnet.

I agree. And the section will be a magnet for the usual idiots who come to cause trouble. This is a terrible idea.

It's really not about the haters - it's about the regular users who have a different take to GC feminists but still consider themselves feminists.

JustineMumsnet · 15/06/2021 16:42

Hi again,
There's a lot been raised on this thread - thanks for taking the time - and so the response is inevitably quite lengthy. I've broken it down into chunks for ease of reading I hope.

Are Mumsnet’s guidelines for moderating the sex and gender identity debate illegal, following the Forstater judgement?

As a host of user-generated comment, we provide guidelines that set out the kinds of comments we do and do not allow and the kind of community we want to be. On FWR, as in all topics on Mumsnet, our aim is to host constructive and inclusive debate, and we put rules in place to try to ensure that that happens. When you register with Mumsnet users agree to abide by our Terms of Use, Talk Guidelines and Privacy Policy.

We don’t think anything about this constitutes illegal discrimination; we completely reject the accusation that we treat gender-critical feminists differently to our other users. If anything we tend to spend much more time explaining why things have been deleted on FWR than elsewhere and trying to help users avoid deletions and strikes.

Mumsnet is an inherently female-centred and feminist space and we have an honourable history of supporting and promoting feminist viewpoints. We think it’s pretty clear to fair-minded observers that Mumsnet has bent over backwards to allow the respectful expression of gender-critical viewpoints, often at considerable expense. Like others we’ve come under enormous pressure to shut the conversation down. Unlike many others we’ve resisted.

Is Mumsnet hiving gender-critical feminists off into a ghetto? Are we ashamed of them?

Just to be clear, there’s no hiving off of the debate - we intend to streamline the topics in the FWR category from five down to two: one ‘Sex/Gender debate’ topic, and one Feminism Chat topic. This doesn’t mean that every thread mentioning sex or biology will be moved to the ‘Sex/Gender debate’ topic, which would as many of you have pointed out be unworkable and odd. It’s not about pushing gender-critical feminists into a ghetto, but it is about clearly signposting where people can find conversations - between all kinds of feminists - of the ‘what does it mean to be a woman, are trans women women, is trans-inclusive feminism/activism/language impacting on women’ variety, and providing a separate topic without conversations of that kind.

It won’t be news to anyone here that there are feminists who are intersectional/fourth wave/transinclusive/liberal (however you wish to classify them) who say the passion and preponderance of the gender-critical viewpoint in the current Feminism Chat area means they simply don’t engage with the Feminism topic at all (thousands of Mumsnet users have hidden it altogether). To quote one email we received this morning, ‘There is definitely a sense that Feminism Chat is only a place to discuss gender critical feminism. Any posts which question GCism get flooded with hundreds of hostile responses. Which might be more fair if MN was an explicitly GC site, but it portrays itself as a space for all feminism.’

Are we going to review our Guidelines on this topic? Can we make them more clear?
We see no reason to substantially change our guidelines on this. Our modding in FWR is much more about civility than anything to do with ideology. The aim of the extra guidelines is to facilitate the discussions. While it’s the most prominent example, we make or consider making context-specific rulings whenever any issue starts to draw large numbers of reports; we’ve restricted the number of threads about Meghan Markle, for example, and we’ve had to think hard about deleting misinformation or scaremongering when it’s not being robustly challenged by other users (especially on topics that touch on important public health issues, such as COVID vaccines). Moderating an enormous, busy forum will always mean adapting our rules (although not our principles which have never really changed) to new challenges.

We know some find our rules hard to interpret, but we resist giving a legalistic list of things that are and are not ‘allowed’ because we think context and tone must always be taken into account. If this wasn’t the case we could just apply an enormous list of ‘bad word’ filters and get rid of our moderation team altogether. (Which on some days they might quite welcome to be honest.)

We sometimes email after a deletion - and always when we give a strike - and we explain our decisions when users email us with challenges too. The strikes system on FWR is actually more generous than our parallel approach across most other topics because it resets after six weeks. If we moved to modding without the strikes system, the truth is it would result in many more bans for FWR regulars.

Two specific points to clear up: we won’t necessarily delete posts to the effect that ‘transwomen are male/transwomen are men’ - so long as it’s not being used as a personal attack or as a hostile statement to shut down discussion/ other points of view.

And we really want to knock on the head this idea that FWR users suffer because of TRA targeting on Mumsnet. Nothing gets deleted from Mumsnet unless our rules have been broken; nobody has their account suspended unless the user has repeatedly broken our rules. Our mod team are extremely well versed in this issue and read FWR frequently, and we are as aware as you are of which accounts are linked to Twitter or Facebook accounts and which activists are highly motivated. We take all of that into account in our decision making. Unlike most big platforms we don’t delete posts or ban users just because a certain volume of reports has been received; we make judgements about whether our rules have been broken and whether a post is something we’re fundamentally happy to see on Mumsnet (once it’s been reported to us). That’s the only thing that motivates our decision making - whoever is doing the reporting.

Is it really true that Mumsnet has suffered commercial damage?

Some posts here are questioning whether we’ve sustained real commercial damage because of hosting this board and refusing to censor these conversations entirely. Please don’t be under any illusion that this issue hasn’t had real and substantial costs for us. The truth is that most brands and most marketing managers have absolutely no understanding of this issue: they simply don’t want their brand name anywhere near anything that’s remotely controversial, and they’re easily persuaded (wrongly in our view) that they can reach an audience of mothers/parents just as easily on a number of platforms that are considered ‘less controversial’ (often despite having woefully inadequate moderation and - in some notable cases - giving a megaphone to genuinely hateful content.)

Just to take the most recent example, a couple of weeks ago a commercial competition we were running with the board game distributor Coiled Spring was picked up by activists on Facebook and Twitter, who targeted Coiled Spring directly and in reasonably large numbers, threatening to withdraw business unless CS publicly disavowed us.

We pushed back both publicly and behind the scenes, strongly making the case that women are entitled to discuss the impact of transactivism on women’s hard-won rights to single-sex spaces; you can see our statement (which CS shared on social) here. We explained fully how and why we host these conversations, and shared testimony from respected journalists and commentators who have supported our position. This all takes a significant amount of time.

CS were actually pretty solid on social media, but have paused future activity they had lined up with us despite the competition actually being massively successful. Please don’t target Coiled Spring over this issue, although I’m sure they’d welcome some support - they’ve behaved much better than many other companies (and trade unions…) we could mention, and they’ve come under enormous pressure from gamers in the US.

Is it OK to have a man moderate this board? Are Mumsnet staff/mods able to make good decisions?

Michael is the head of our moderation team, and like the rest of the team he works across all topics including relationships, pregnancy, miscarriage etc. (we don’t allocate mods to specific boards)

Michael’s a brilliant member of the Mumsnet HQ team who spends a great deal of time advocating for MNers and robustly pushing back against external attacks. I strongly believe that you don’t need to be a woman to interpret Mumsnet’s moderation guidelines or to moderate FWR with our ethos in mind. He is an extremely experienced moderator both on Mumsnet and previously elsewhere and frankly the attacks on him here are entirely misdirected; as per our guidelines - personal attacks on our team are simply not on.

More broadly, the idea that there are mods at MNHQ who are busily subverting the cause of feminism is straying into tin foil hat territory. Our mods spend huge amounts of time puzzling over nuanced decisions that involve balancing the competing rights and viewpoints of multiple groups, trying to pick their way through to apply our guidelines as equitably as they can. Any suggestion that our mod team does anything other than advocate for Mumsnet’s users and take their responsibilities seriously is deeply unfair.

Finally can I just say that it’s impossible not to feel a little despairing at the turn this thread has taken, with some users so ready to go on the attack. Over the past few years it genuinely feels like we’ve gone out on a limb to facilitate this discussion. We’re a site of women, owned and run largely by women and so if anyone’s going to go out on a limb, I agree it should be Mumsnet. But I can guarantee that had we had a different ownership structure we would have taken a different stance - as for instance Reddit did when they shut down their Gender critical subreddit. Besides not insignificant financial loss, we’ve faced down a huge amount of reputational criticism for allowing this discussion to stand and - judging by the reaction of most young women I meet - it’s possible that reputational damage will prove problematic in the years to come. There’s an irony in the fact that we seem to be in danger of ending up in simultaneous legal battles with both Trans activists and Gender critical feminists accusing us of being discriminatory.

We persist with hosting this discussion despite all that because we believe that this is a critical issue for many of our users and that they should be allowed to discuss it free from the harassment prevalent on other forms of social media. All we ask is that you’re respectful of others who might think differently on this issue - not for your agreement or submission but for your respect and civility.

JustineMumsnet · 15/06/2021 17:19

@ItsAllGoingToBeFine

Thanks for such a detailed and considered statement Justine (genuinely!)

I understand your reasoning behind splitting FWR in the way you suggest, however I don't think the split will work as suggested.

My personal observations suggest that there are two broad groups that post in feminism.

Very broadly one group believes TWAM, that sex work is abusive, that porn is harmful, and that Only Fans is not empowering. That sex is the basis of women's oppression. This is the majority group.

The other group believes the opposite to the first group and yes, is in a minority.

If you split FWR you need to split it to cover the broad groups as above, perhaps as a radfem board and a libfem board. I think simply creating a sex/gender board will still leave the libfems nowhere to go to discuss their other minority views.

Finally, you didn't address the issue of what will happen to all the existing posts in Feminism chat, can you reassure us that all this work will not be lost?

It's not about splitting things according to beliefs - it's about splitting things according to topics - so folks who really have views on feminism but don't want to join in the womens v trans rights debate (either because they don't share a GC view or because they just don't like the the topic) can avoid them.

It may not work perfectly but we'd like to give it a try.

And yes - we'll keep all the existing posts for sure.

JustineMumsnet · 15/06/2021 17:21

@MarshaBradyo

If some one posts a trans issue in feminism chat can only non GC reply?

If that’s not the case I don’t see how it will change responses.

It’ll help people find threads, although it’s a shame feminism has been divorced from sex and gender as it’s integral. But small point as both in FWR.

No anyone can reply. If it's obviously about trans v women's rights we may move it though. Although we're not going to be scorched earth about it.

MichaelMumsnet · 15/06/2021 17:24

@CardinalLolzy

nobody has their account suspended unless the user has repeatedly broken our rules. My experience disagrees with this, unless changes have been made in the past two years or so. I had an account deleted with no warning or email, because I posted about bedwetting and someone reported me as a troll. Has this now changed?
Hi @CardinalLolzy. Yes, that was the time a couple of years ago when you posted for advice about nappies and we received some alarmed troll reports. We do tend to be quick off the mark when we receive reports like this. We reinstated your account fairly rapidly once we'd checked behind the scenes - but apologies for any upset.

JustineMumsnet · 15/06/2021 17:42

@Vanishun

Hi Justine, I appreciate that I'm just one of the users here, and this is your site (and you're the one facing the flack all around), so I totally appreciate that I can't understand what it's all like from your point of view. I'm sorry you've faced such tough times. I'm also autistic and sometimes my tone comes across wrong which I really apologise for.

But I find it very surprising that you'd ignore the extensive user feedback on the FWR boards on this that dividing topics up like that is not a welcome idea. I don't understand why emails behind the scenes are driving this. I can't help wondering what you're setting yourself up for here as it's going to be a moderation nightmare and I can't see it pleasing anyone?

Hi Vanishun - I understand the strength of feeling expressed here but there's an alternative view represented on other threads and in correspondence to us and by the fact that many, many users have hidden FWR threads. We need to take those MN users into account too. And remember we are not ghetto-ising or shutting conversation down here. We're trying to make the FWR boards usable and welcoming, irrespective of your view about Trans v women's rights. It may not be a perfect solution but we'd like to give it a try and see how it goes.

JustineMumsnet · 15/06/2021 17:44

@Waitwhat23

It's a little disingenuous to claim that 'the idea that there are mods at MNHQ who are busily subverting the cause of feminism is straying into tin foil hat territory' when it has actually happened - www.theguardian.com/media/2018/apr/19/mumsnet-reports-itself-data-regulator-transgender-rights-row-ip-addresses-posted-twitter. Even if things have been put into place to reduce the likelihood of this happening now, you can understand people's fears given the history surely? I've seen many users state that they won't use PM's due to concerns about data being breached again.
That individual was an intern working on the Comms team - not a moderator
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