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EasyJet refuses to let columnist on board for sending critical tweet

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141–149 of 149 posts

Re: EasyJet refuses to let columnist on board for sending critical tweet

#141
post #108

Earlier quoted context omitted.

> It's now very common to hear people say, 'I'm rather offended by that.' As if that gives them certain rights. It's actually nothing more... than a whine. 'I find that offensive.' It has no meaning; it has no purpose; it has no reason to be respected as a phrase. With an attitude like that, how can anyone explain racism, sexism or _any kind_ of offensive behavior to you? I mean, you've basically declared the word "o…

Being 'offended' runs a whole spectrum from legitimate outrage of a betrayal of vital social norms through to mildly inconvenienced that not everyone agrees with my personal world view. The problem is many people use 'offense' in the latter sense to ram through their personal beliefs onto others. I have been known to be in the company of men to whom I am not related. Some consider this offensive. They can explain to…

> Being 'offended' runs a whole spectrum from legitimate outrage of a betrayal of vital social norms through to mildly inconvenienced that not everyone agrees with my personal world view.

I agree & this is already more than what Neya is willing to believe, given what I quoted from him. At least you believe being offended actually exists. Neya's comment seems to suggest that being offend is just whining and should never be considered at all, ever.

Re: EasyJet refuses to let columnist on board for sending critical tweet

#142
post #2

I can imagine a company not dealing with particular individuals - say, due to an ongoing litigation or some personal conflict, like a restaurant owner telling a rude/disruptive customer "we won't serve you ever again". And that probably would be both legal and morally okay. However, for airlines that should (must?) be limited to not selling tickets - if they have sold a ticket, then they must fulfill their end of the…

I run an online community and have had to ban abusive or just plain annoying users in the past. A few times those people will get in touch saying "OMGZ! You don't believe in free speech!" Am I obliged to provide access to the platform i've built and paid for so that they can be disruptive and annoying? No. Do I support their right to go somewhere else and talk their crap? Sure! Absolutely! Go crazy! Just don't expect…

So you would ban users if they complained about your services on some other forum?

Re: EasyJet refuses to let columnist on board for sending critical tweet

#143
post #138

Earlier quoted context omitted.

It is generally used as an appeal against a lower court decision, so the case is held against the decision of the lower court, which represents the government. However the initial case does not have to be to do with government interfering with speech and can be to do with the actions of a company. "In 2001 a journalist at the Financial Times (FT) received a copy of a leaked document about a possible company takeover…

Freedom of speech was restricted in that case by a legal decision, as in the law was used to restrict free speech. That's completely different from a company freely refusing to serve a customer because of opinions they expressed. The customer would have no basis to challenge under the HRA, because there's no law or legal decision governing the refusal.

No, you would start with suing the company using the extensive freedom of expression protections in UK common law, then if the UK court didn't rule in your favour, but you felt it was in the wrong to do so, you then appeal against the court using the human rights act.

Re: EasyJet refuses to let columnist on board for sending critical tweet

#144
post #20
post #10

Freedom of speech is about stopping the government from interfering with your speech. AFAIK there's no law which prohibits a company doing business with you because you made a negative comment about them. In this case it's slightly more grey because the passenger had already bought a ticket and it's not clear if the terms of the sale would allow easyjet to revoke the sale on that basis.

a) This is not in the US, so the US concept of free speech does not apply (the law is much more complex in common-law based jurisdictions) b) I doubt anyone would claim EasyJet can't do this - just that it is a STUPID idea, and is almost guaranteed to backfire.

This is not in the US, so the US concept of free speech does not apply (the law is much more complex in common-law based jurisdictions)

Yes the US "free speech above all else" interpretation of "right to free speech" doesn't apply in many countries, but the US is also (mostly) a common law system. It's the particular judical interpreation of "right to free speech" in USA and other countries, not the common-law-ness, that's the main difference.

Re: EasyJet refuses to let columnist on board for sending critical tweet

#145

"It wasn’t until I asked him if he’d heard of free speech that the tone changed. He asked me if I was a lawyer and I told him I taught law at Strathclyde. "He quickly had a word with his staff and then told me I’d better get on the flight because they were waiting for me." What? So if you are a lawyer things change? I would have sued the company and the manager personally (not sure this is allowed, still). Edit: appa…

What? So if you are a lawyer things change?

Yes, if you convince the obstinate staffer that "This shit could get very real", they will adjust how they treat you.

Re: EasyJet refuses to let columnist on board for sending critical tweet

#146
post #9

"It wasn’t until I asked him if he’d heard of free speech that the tone changed. He asked me if I was a lawyer and I told him I taught law at Strathclyde. "He quickly had a word with his staff and then told me I’d better get on the flight because they were waiting for me." What? So if you are a lawyer things change? I would have sued the company and the manager personally (not sure this is allowed, still). Edit: appa…

Free speech applies to government restrictions on speech. It hasn't much to do with rules and terms of private service. For example, you can't use claims of "free speech" to get HN to reverse a ban on you should that happen. I don't agree with what a couple of easyJet employees seem to have done without easyJet's approval, but right of a private company or person to refuse service would seem to trump this? It's not l…

the ability to be thrown in jail for telling lies (about the Holocaust for example, which is a pretty awful thing to lie about).

(a) Holocaust denial is illegal in some European countries (not the UK), but it's illegal because it's been specifically made illegal, not a general "it's illegal to tell lies" law.

(b) USA has criminal slander laws as well.

Re: EasyJet refuses to let columnist on board for sending critical tweet

#147
post #28

Holy cow, this is why I quit all the mainstream social media and never even got on Twitter in the first place... because people treat it WAY too seriously

It can be pretty serious. Especially as a tool for consumers to voice their concerns or disapproval of corporations. That can do some damage.

Its still just people talking about stuff. Things coming from an official corporate account are different matter, but people should be able to say something sucks without having to fear repercussions.

Re: EasyJet refuses to let columnist on board for sending critical tweet

#148
post #138

Earlier quoted context omitted.

Freedom of speech was restricted in that case by a legal decision, as in the law was used to restrict free speech. That's completely different from a company freely refusing to serve a customer because of opinions they expressed. The customer would have no basis to challenge under the HRA, because there's no law or legal decision governing the refusal.

No, you would start with suing the company using the extensive freedom of expression protections in UK common law, then if the UK court didn't rule in your favour, but you felt it was in the wrong to do so, you then appeal against the court using the human rights act.

What's the common law basis you think you can bring the initial suit based on ?

Re: EasyJet refuses to let columnist on board for sending critical tweet

#149
post #113

Earlier quoted context omitted.

Err, no, that's a very narrow First Amendment negative style of freedom of speech. Contrary to every American Internet debater, Britain is not actually governed by the US Constitution. The applicable law you are looking for is the European Convention on Human Rights, and the 1998 Human Rights Act, specifically Article 10, which starts with the rather bold statement "Everyone has the right to freedom of expression". T…

YOu know what? What is right and wrong is right and wrong, regardless of what a bunch of EU bureaucrats say. To the extent easyJey is a government bureau, they have no right to do anything. To the extent they are actually a company, they have every right to withhold service as much as they please.

Does a bar have a right to refuse service to a gay couple? Does a restaurant have a right to refuse service to an Asian man? Does an airline have a right to refuse service to a black person?

There are sometimes quite compelling reasons to require private companies to provide services aimed at the public without discrimination.

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