Tag Archives: publicise

Riley libel: her team just made a terrible mistake

Rachel Riley is a serial litigant; besides suing me, she is also pursuing Laura Murray, who bit back at one of the Countdown co-presenter’s tweets in March last year.

Referring to the incident in which Jeremy Corbyn had been punched by an egg-wielding man in a London mosque, Ms Riley had dug up an old tweet by Owen Jones which said “If you don’t want eggs thrown at you, don’t be a Nazi. Seems fair to me.” To this, she added the comment: “Good advice.”

Ms Murray, who was working in Mr Corbyn’s Labour Party office at the time, tweeted her opinion that Ms Riley was saying Corbyn was a Nazi who deserved to be attacked violently. She added that, in her opinion, Ms Riley was a dangerous and stupid person who risked inciting unlawful violence – and nobody should engage with her in any way.

Mr Justice Nicklin, in a judgement based on paper evidence due to the coronavirus pandemic, ruled that Ms Murray had made a statement of fact when she said Riley had stated that Corbyn deserved to be attacked violently.

That’s the extent of the difference.

His statement that the words have a tendency to be defamatory isn’t a ruling that Ms Murray is guilty of libel; the defendant may say that her statement was factually accurate and back it up with evidence, and she may also provide information to support the opinions that she expressed.

Riley hasn’t won the case; this was a ruling on the meaning of Ms Murray’s words and whether they were statements of fact or expressions of opinion. There will be a trial at some point in the future.

But Ms Riley and her friends seem to have started celebrating victory prematurely.

And someone went one step further – by publicising the case prematurely.

The image above shows that the right-wing Guido Fawkes blog ran an initial piece on the ruling on April 23, albeit with no further information than a claim that Riley had won. The Mail went further, publishing at 6.21am the following:

 

But the ruling was not published by the High Court until 10am on April 24 – more than a day later.

So it seems somebody has committed contempt of court.

This was a reserved judgement. That meant that the hearing was some time ago and the judge prepared a written judgement to be handed down on April 24. Prior to handing down, the judge would have sent a draft to the parties. The rules on drafts say:

2.4 A copy of the draft judgment may be supplied, in confidence, to the parties provided that—

 (a) neither the draft judgment nor its substance is disclosed to any other person or used in the public domain; and

 (b) no action is taken (other than internally) in response to the draft judgment, before the judgment is handed down.

 2.8  Any breach of the obligations or restrictions under paragraph 2.4 or failure to take all reasonable steps under paragraph 2.6 may be treated as contempt of court.

I imagine Mr Justice Nicklin would be very keen to find out who’s been playing fast-and-loose with court rules and his judgement. And I can’t blame him.

I can’t comment on who leaked the story to the press too soon – but I will keep an eye on it.

As for people who prematurely claim a legal victory that they haven’t won … if you’re as nauseated by this as I am, then please remember that Ms Riley is attacking me in the same way she is attacking Ms Murray – and I don’t have the cash to fight her.

If I can win my case in court, then it should discourage Ms Riley and her friends – harshly – from this vile behaviour. But I can only do it with your help.

Please consider making a donation yourself, via the CrowdJustice page.

Email five of your friends, asking them to pledge to the CrowdJustice site.

Post a link to Facebook, asking your friends to pledge.

On Twitter, you could tweet in support, quoting the address of the appeal.

On other social media platforms, please mention the campaign there, quoting the appeal address.

It would be bad enough if Ms Riley had won. The fact that she hasn’t, and is claiming she is, is toxic. In my opinion.

Have YOU donated to my crowdfunding appeal, raising funds to fight false libel claims by TV celebrities who should know better? These court cases cost a lot of money so every penny will help ensure that wealth doesn’t beat justice.

https://www.crowdjustice.com/case/mike-sivier-libel-fight/


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Momentum’s election of Jackie Walker to its conference arrangements committee is a powerful statement

Jackie Walker (center right) at a meeting of Momentum in Brighton and Hove, in June [Image: The Electronic Intifada].

Jackie Walker (center right) at a meeting of Momentum in Brighton and Hove, in June [Image: The Electronic Intifada].

Jackie Walker was famously framed by activists from the Jewish Labour Movement at the last Labour conference in September, you may recall.

They filmed her as she discussed anti-Semitism and Holocaust Memorial Day in a workshop setting that was billed as a “safe space” in which different points of view may be discussed freely – and then they proved this claim to be a lie by publicising her words in an attempt to smear her.

The conspiracy was successful, to a certain degree; other members removed her from her position as Momentum vice-chair under pressure.

But Ms Walker did not say anything wrong. The definition of anti-Semitism that had been put forward at the workshop is discredited, and Holocaust Memorial Day did not recognise all victims of events that may be described under that term.

Now, Momentum has elected her to its conference arrangements committee in a clear message to the wider Labour Party: Put your house in order.

Labour’s own conference arrangers allowed the Jewish Labour Movement to flout the rules, taking video of what should have been a private meeting and using it, out of context, to harm a fellow party member. That should never have been permitted.

Ms Walker’s election to Momentum’s own conference committee says, very clearly, that the organisation will not countenance such behaviour in its own activities.

And it challenges Labour to do the same.

Controversial Momentum figure Jackie Walker has been elected to the conference arrangements committee at Momentum’s national committee meeting.

Walker, who was suspended from the Labour party over comments made about the holocaust and anti-semitism, was removed from her position as vice-chair of Momentum in the wake of her suspension from Labour.

Source: Jackie Walker elected to Momentum conference arrangements committtee | LabourList

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Stalled – the plan to share NHS patients’ confidential information with big business

Freudian slip: The BBC's article on the care.data delay was accompanied by this picture of a hand drawing on a diagram of a pair of breasts. Is this a tacit implication that the Department of Health has boobed? (Sorry, ladies) [Image: BBC]

Freudian slip: The BBC’s article on the care.data delay was accompanied by this picture of a hand drawing on a diagram of a pair of breasts. Is this a tacit implication that the Department of Health has boobed? (Sorry, ladies) [Image: BBC]

A plan to sell the confidential medical information of every NHS patient in England has been put on hold after it caused a public outcry.

The care.data system, also called variously the General Patient Extraction Service (GPES) or the Health and Social Care Information Centre, was dreamed up as a money-spinning device by Jeremy Hunt’s Department of Health.

The aim is that, if you are an NHS patient in England, your GP will be forced to provide your confidential records, showing every medical condition you have ever had and providing intimate details of your current state of health, to a huge national database.

From there, your information may be sold on to private healthcare and pharmaceutical companies for “research”. A new proposal backed by NHS England (a body set up largely to support the increasing privatisation of the NHS, if my information is correct) would give non-NHS bodies including private companies the right to ask for access to the data.

The government has said the information would be “pseudonymised”, in an attempt to reassure you that you cannot be identified from the information to be provided to outside organisations. This is not true, and in fact it will be entirely possible to trace your medical information back to you.

The government claims the information will help experts assess diseases, examine the effects of new drugs and identify infection outbreaks, while also monitoring the performance of the NHS.

In fact, it seems far more likely that this is a widespread invasion of privacy, with the information likely to be used (for example) to sell you health insurance that you should not need.

We are told that NHS England organised a mass mailing to every household in England, explaining its version of what the planned system will do – but a BBC poll of 860 people last week found that fewer than one-third of them could recall receiving it.

Concern that people are likely to end up allowing their information to go into commercial hands without ever knowing about it has led to the scheme being halted – for the time being.

NHS England has accepted that its communications campaign must be “improved”, although we do not yet know how. A propaganda campaign on TV and radio seems likely.

Every NHS patient in England has the right to opt out of the data sharing scheme, and many have already chosen to do so. You can do it right now, using a form designed by the medConfidential website.

While NHS England and the Department of Health will continue trying to justify this scheme, there is no justification for selling your private information to commercial organisations.

It is to be hoped that this six-month pause will end with the abandonment of the scheme.

If the organisations that want the information genuinely intend to use it for humanitarian concerns, it would be fully anonymised and they would not be buying it.

Follow me on Twitter: @MidWalesMike

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Are you happy for big business to have your confidential medical records?

n4s_nhs1

Do you live in England? Are you an NHS patient? Have you realised that your Conservative-led Coalition government is selling your medical records to private healthcare and pharmaceutical companies? Do you know that these ‘anonymised’ records are in fact nothing of the sort, and anyone buying your details will be able to identify you?

Do you want to do something about it? It isn’t too late.

Vox Political warned last September that Health Secretary Jeremy Hunt is planning to sell records to “approved” private companies and also universities – that’s sell, mark you, to make money for the government.

The system was called the General Patient Extraction Service (GPES) – although exactly who it serves is entirely up for debate. It seems to have metamorphosed into the Health and Social Care Information Centre by now, but the purpose remains the same. You may also see it described as the care.data scheme.

Hunt wants us to believe that the information will be valuable for medical research and screening for common diseases.

In fact, the information could be used by private health companies as evidence of failures by the National Health Service, and could help those companies undercut NHS bids to continue running those services – this would accelerate the privatisation that nobody wanted.

This week, The Independent reminded us all that the system that will sell off your information will go live later this year.

The article warned: “Companies like Bupa or Virgin that already hold data on UK patients may be able to use the new anonymous data available from the centre to precisely identify where it has come from, according to campaigners.

Phil Booth, co-ordinator at patient pressure group medConfidential, said: “The scheme is deliberately designed so that ‘pseudonymised’ data – information that can be re-identified by anyone who already holds information about you – can be passed on to ‘customers’ of the information centre, with no independent scrutiny and without even notifying patients. It’s a disaster just waiting to happen.”

The information for sale to profit-making firms will contain NHS numbers, date of birth, postcode, ethnicity and gender.

Patients can opt out of the system by contacting their family doctor, but medConfidential has designed a form to make it easier.

On its ‘How to opt out’ page, the organisation writes: “Under changes to legislation, your GP can now be required to upload personal and identifiable information from the medical record of every patient in England to central servers at the Health and Social Care Information Centre. Once this information leaves your GP practice, your doctor will no longer be in control of what data is passed on or to whom.

“This information will include diagnoses, investigations, treatments and referrals as well as other things you may have shared with your doctor including your weight, alcohol consumption, smoking and family history. Each piece of information will be identifiable as it will be uploaded with your NHS number, date of birth, post code, gender and ethnicity.

“NHS England – the body now in charge of commissioning primary care services across England – will manage and use the information extracted by the Health and Social Care Information Centre for a range of purposes, none of which are to do with your direct medical care. Though the official leaflets talk a great deal about research, these ‘secondary uses’ for which your data may be used include patient-level tracking and monitoring, audit, business planning and contract management.

“In September 2013, NHS England applied to pass on your information in a form it admits “could be considered identifiable if published” to a whole range of organisations that include – but are not limited to – research bodies, universities, think tanks, “information intermediaries”, charities and private companies.

“Though you may be told that any data passed on will be ‘anonymised’, no guarantees can be given as to future re-identification – indeed information is to be treated so that it can be linked to other data at patient level – and NHS England has already been given legal exemptions to pass identifiable data across a range of regional processing centres, local area teams and commissioning bodies that came into force on April 1st 2013. The Health and Social Care Information Centre already provides access to patient data, some in identifiable form, to a range of ‘customers’ outside the NHS, including private companies.”

The opt-out form is downloadable from the medConfidential web page, along with a form letter in various formats, allowing patients to opt out themselves, their children and any adults for whom they are responsible.

This is a gross abuse of patient confidentiality for the purpose of commercial gain.

Don’t let it happen to you.

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Hands off my medical records, Jeremy!*

The two-fingered salute: Jeremy *unt displays his high regard for the NHS patients whose details he wants to steal and sell to private business.

The two-fingered salute: Jeremy *unt displays his high regard for the NHS patients whose details he wants to steal and sell to private business.

Conservatives. They think they own everything – including your medical records.

If you live in England, Jeremy ‘The Misprint’ *unt wants your doctor to send your confidential patient record to a national database, from which it will be sold on – sold on to make money for him, mark you – to “approved” private companies and also universities.

The system is called the General Patient Extraction Service (GPES) – although exactly who it serves is entirely up for debate. You may also see it described as the care.data scheme.

He thinks this gross abuse of patient confidentiality is a good idea. But then, he’s a Tory and therefore thinks he has a God-given right to take anything, from anyone, if they have less filthy lucre than himself.

According to the Daily Mail – and you know the Tories have lost the plot when even the Heil weighs in against them – the *unt wants us to believe that the information will be valuable for medical research and screening for common diseases.

And an NHS England spokesman told the paper, “The programme will provide vital information to approved organisations about the quality of health services.”

Oh really?

So in fact this information could be used by private health companies as evidence of failures by the National, publicly-funded, service, yes?

How would it help in screening for common diseases? This information becomes freely available without any data having to be sold – how else would we know when an epidemic breaks out?

And how is this valuable for medical research – beyond the possibility that the now-infamous ‘job offer’ for people to take part in human medical experimentation may be targeted at particular individuals, according to medical records that they thought were only available to their own, trusted GP?

Doctors say Mr *unt and NHS England have failed in their duty to publicise the plan in a proper and reasonable way, that patients are not getting an “informed” choice about the matter, and that patients could be identified from the data with any information other than that on common conditions – which, we’ve already established, becomes public knowledge anyway.

Some Local Medical Committees (LMCs) are already discussing whether to opt out of the system – and this blog would urge all the others to do the same.

If you are concerned about this gross invasion of your privacy, you can contact your own LMC and request that they opt out. Contact details can be found on the British Medical Association’s website here.

*In fact he won’t be able to get his filthy hands on them anyway because I live in Wales. The title is for effect.