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.

Mansplaining. ‘‘Twas ever thus.

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.

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.

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

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

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.

@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.

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.

I am not an 'author'. I collected stories. I didn't write them. I make $8 per month from substack I don't earn any meaningful income from writing. My instructions are to pursue this until the money runs out.

Of course I provided my solicitors with all information and to suggest I didn't is just silly. I am not here to waste anyone's time.

Discovereads · Today 20:22

Do you know about Maya Forstatter?

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.

Yes.

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

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.

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.

Yes, I agree.

I don’t get this obsession with terms and conditions. They aren’t law, they aren’t international law either. They are whatever a company makes up and if they don’t comply with law they are rightly ignored by the courts.

In a nutshell. It is preposterous to propose that equality law does not apply to a company trading here. If they have some miracle get out then the response should be to close the loophole.

Amazon can choose to list me as George Clooney's wife if it so wishes. Doesn't change reality. I am an 'editor', not an 'author'.

We will see. 'Victory' in this action is not really the point. It's more about shining a light on exactly what is happening. Making it clear that Maya's victory extends far beyond simply the employment context, but encompasses service providers also.

And if it is the legally correct position that a foreign company can do business here and ignore our laws, then the implications of this for our democracy need to be acknowledged.

Spero · Today 20:02

And if it is the legally correct position that a foreign company can do business here and ignore our law...

Fortunately, they can't and it costs them loads of money to discover that.

This.

And if it is the legally correct position that a foreign company can do business here and ignore our laws, then the implications of this for our democracy need to be acknowledged.

YY.

If you are a user...using the service then it follows does it not, that you are a service user? You may also be a data controller, an author, a collator, an editor, George Clooney's wife or a n other additional things, it doesn't stop you being a service user.

Just to point out, this is a be careful what you wish for situation.

If things changed in the US, would people be ok with event administration for black people's events, disabled people, gay men's events or yes trans events being pulled at the last minute, and these groups being discriminated against by refusal of service?

Would it then be ok to say that it was silly to expect any Equality Act rights to be protected in the UK when dealing with international companies? Because that's what you're suggesting.