Legal action against Eventbrite for unlawful discrimination

[Spero]

On Oct 27 2022, Eventbrite pulled my book launch event for 'Transpositions - personal journeys into gender criticism'. This was a collection of stories from men and women about how they got involved in issues around sex and gender. Some of you may have contributed.

They told me that I was promoting 'violent and dangerous' content. I asked them to explain themselves. They haven't. So I am taking them to court for unlawful discrimination against my gender critical belief.

I wrote about it in the Critic here thecritic.co.uk/why-is-eventbrite-obstructing-my-book-launch/

I am hoping that some people may feel able to do a spot of gardening. I know its dark and miserable and not the best weather for gardening, but I think this could be quite an important piece of digging. There are some really important questions to ask about how private companies, based overseas are allowed to dictate what we think or say.

I have no idea, but if an MRA group suggested an event, that would be legal and disparaging and they could refuse to host it.

Do you think they should be able to cancel such an event?

yeah, but what about a comedian who told mother-in-law jokes. That presumably involves disparagement of those perceived to be older.

My understanding from an earlier poster was that disparagement is all it takes.

Should Eventbrite be forced to host all events, as long as the speech is literally not illegal?

Yes. They are an event booking platform. Be careful what you wish for. If they applied this "disparaging speech against a protected group" policy evenhandedly, there would be zero trans events they could host.

Do you think they should be able to cancel such an event?

Only if it sanctions illegal behaviour. On what grounds would they cancel a "men's rights" event, do you think?

The problem is in defining what is illegal as it’s not settled which laws apply.

Thanks for the update. Even if you don't win, you are throwing sunshine at the harmful ideology.

@AlisonDonut
I just wonder if it is worth looking at other people hosting events with Eventbrite and seeing if they have ever been 'disparaging' about anyone or anything else.
I agree.

Might be worthwhile if some of us put together a list of past and future events that could be seen as 'disparaging'.

They can pull any book they want. There's no case.

Indeed.

Would you be happy if some violent racist KKK members got a platform to spread hate?

Even if you don't win, you are throwing sunshine at the harmful ideology.

Very much this. The hypocrisy and double standards of gender ideology are still hypocrisy and double standards even if the law currently allows them.

It may be true that women (original, female meaning) do not have the legal rights and protections that we thought we did. Some were never more than social conventions. Some were envisioned to protect women's provisions from legal attack, never considering that coordinated activist pressure might prevent such provisions being offered in the first place. Some were once legal rights but were lost with the GRA, which didn't seem very significant at the time when trans women were assumed to be few in number and post-op, but in conjuction with the loose definition of gender reassignment in the EA, the widening definition of trans woman pushed by trans activists and the political push for self id, has proved to be a destroyer of women's rights to sex-specific protection and political voice.

If the law as it stands does not protect our moral right to exist and speak for ourselves as separate from male people whatever their inner gender may be, the more sunlight that can shine on that gross injustice the better.

The law is not some moral absolute. Laws can and have been changed, and it starts with sunshine and a recognition that the law as it stands is unjust.

Stirring up racial hatred and inciting violence are illegal. Those things would not be protected and it would be reasonable for any service provider not to platform them.

Would you be happy if some violent racist KKK members got a platform to spread hate?

Inciting racist violence is against the law. And it's not about being "happy". I'm not happy with the MRA meeting but if it's not promoting illegal behaviour it's a free speech issue.

Some insurance company sold a policy that only paid out if you were were killed by a buffalo 🐃 stampede in a Pullman car.

But I think those days are over. I imagine lawyers in the USA spend a lot of time unpicking dubious waivers.

Hello all
For anyone interested and/or has donated to this, I am posting a recent update that OP has published in her newsletter on the Eventbrite legal challenge. In short, the legal letter has been sent and Eventbrite’s response is due back on 24 Feb 23:

sarahphillimore.substack.com/p/big-tech-v-our-democracy

@spero
Do you have an update for us on what Eventbrite’s response due 24th Feb was?

They're playing games

twitter.com/SVPhillimore/status/1630239788325560323?t=q6Yqu0qWwfjmpOTjSkRLcw&s=19

UPDATE. @eventbrite have replied to my letter before action, denying that they are a service provider or that I am consumer. The first is a bold point! The second means that they are arguing I am an 'author' - which seems odd.

Is there any case law around organisations like Eventbrite? They operate a website which offers a service to people wishing to run events, not sure how they can claim to not be a service provider?

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

Quite possibly.

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.”

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.

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.

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! 🤔

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.

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.