Calling lawyers and data protection gurus

[MsBeaujangles]

What is the legal situation when it comes to being placed on a published list which is claimed to be a list of 'TERFs and transphobes'?
I am thinking defamation of character comes in to play if the suggestion is that the people on the list are bigoted, incite hate and deny trans people their rights. I am on such a list and am confident that I have not said anything remotely even 'anti trans'.
I think sending Cease and Desist letters could legitimately be sent, demanding the list holder immediately cease and desist their unlawful defamation and provide prompt written reassurance within 10 days they they will cease and desist from further defamation.
Whilst the list is of Twitter names, my account is not anonymous.

Also, is there anything preventing people from applying defamation law when they are very publicly called transphobic?

Huge thanks to your DH howismoving.

Wow @howlsmovingcastle84 you have a wonderful DH! Huge thank you to him for taking the time!! and some

Thanks Mr Howl or Castle.

Your husband is top notch!

So just what role does LM have? Is it a council post, or just a minor post within the party?

Sir, LM is women's officer in LM's constituency Labour party (it is an elected position).

Thank you. So no point contacting the council then?

What I love about mumsnet is that you can put a shout out for a neuroscientist or a solicitor or an expert in 11th century Tibetan pottery and somebody will come along and say ''yep, Tibetan pottery expert here''.

Her

So true.

And practical help too, you find a stray kitten, it gets a home. Your wedding dress is too small someone will alter it. You need witnesses for a wedding - just ask them to put knickers on their heads so you recognise them.

Yes. I love Mumsnet for this amazing network of wonderful women.

And never piss off MN.

Hello,
I have included a link that should (hopefully!) take you to a google document for the letter that can be sent directly to LM. DH suggested not posting directly onto the internet in full as it is a legal letter. It is based on the information shared yesterday and yes you can legally start it with 'Dear Sir' :-)
There are a couple of bits that need filling in: name etc and where it says 'set out factual inaccuracies..' just a line or two disputing the above. You can select one of two options in number 3 of the demands. If you have any questions or problems let me know! I've not posted links to mumsnet before so hopefully it will work!

docs.google.com/document/d/1LioJAReBriVc_8vD5bphi1ExuZ-74CHKA4sx8x1b7NI/edit?usp=sharing

Thank you Howls (and Mr Howls). That's great. I shall be writing my letter to Mr Madigan this evening

Thank you Howls and Mr Howls! Much appreciated.

Are people sending the letter to Rochester and Strood CLP?

I was coming in to say that providing the "serious harm" threshold can be established it would likely be defamation, but I see Mr Castle has beaten me to it!

I am involved in a little group of feminist lawyers. I wonder whether it might be something we could look at.

Wiggypig, it would be wonderful if you could look at it. The mere existence of lists like this makes women afraid to stand up and say what they feel on self id and gender issues, and the inherent problems for women within. Seeing those problems doesn't make us bigots.

Wiggypig

Is there a way to join your group of feminist lawyers pls? Pls pm me. I will provide credentials ie SRA number etc)

Will do.

Does anyone have a record of LM’s “all that pretty data “ tweet? I saw it widely retweeted at the time .

There will be other RTs of it but the pretty data tweet is here

twitter.com/justjane12345/status/937944193997131776

Relevant thread that Twitter link comes from is:

www.mumsnet.com/Talk/womens_rights/3105021-Liliy-Madigan?pg=1&order=

You have rights under the current data protection regime now. THese will be strengthened by the G d p r in May. The infomation commissioner website is a good source of information and their telephone helpline is also good

Google ICO and data protection

I am o the list.

Re data protection - I honestly don't think this is a DP issue at all.

And, on that:

1. GDPR doesn't really change data protection law all that much, it mainly increases the fines possible and the lawful basis for holding data is strengthened. But how data is used etc is all contained with in the current Data Protection Act 1998 (everyone is acting like there is no protection for data until may,l this is untrue).

2. GDPR is actually, technically, already in force as it is an EU Regulation which are immediately binding on member states, which we are, and it wetn live last year - so cases could actually already go to the ECJ. It's is only the domestic law which comes in this May.

3. I think defamation is the way to go - but only if you've used your real name. I have not (though it is a username I have used elsewhere so that might count) - and you have to suffer some loss (of reputation, which means you need a reputation to lose in the first place; or, for example, get into trouble at work)

4. problem is, it's all hard to prove. I say 'transwomen' are men in dresses, I am transphobic. But transpohibic is not a well-defined term, it seems to simply be what trans people (or LM) say it is on any given day.

5. surely there is only an issue if the list itself is public? It is not. (though we have seen it)

6. The better way to go is to keep complaining to the Labour Party and Twitter that this is a breach of our right to a voice, our right to open the debate up. (I don't personally think there is a right to freedom of speech, by the way)

Oh, and when LM says no-one they represent is on the list - they mean they will not represent anyone who is on the list, no matter who they are. They have already said their job is only to represent 'certain groups' of people.

I.e. they won't consider themselves to be a rep for anyone they disagree with, even if that person is a woman in their constituency. (though how they would know if you rock up to the surgery and ask a question I have no idea)

The list is public, in that Madigan tweeted the list , so potentially viewed by millions.

Oh, I didn't realise it had actually been Tweeted, that person is looking more and more dim by the minute!