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Topic: Gagging order...
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Leo Enticknap
Film God

Posts: 7474
From: Loma Linda, CA
Registered: Jul 2000
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posted 12-15-2002 11:00 AM
One thing worth pointing out straight away is that writing anything on a public forum such as this is tantamount to publishing it. Absolutely anyone who has access to an Internet-connected computer can read it. That means that you are potentially regulated by all the legal issues surrounding the publication of anything in any form. They lays down the same ground rules as also apply in a verbal conversation, a letter or a published book or article. In practice (for me at least), this means not mentioning another individual or organisation by name unless (i) you are stating plain simple facts that you can corroborate, or (ii) you are saying something nice about them.
Ken raised this issue in another thread, by pointing out that I had misremembered a technical detail about FP-20s and that this could potentially have lead to a misleading advice scenario. This brings up an important principle. In another life, so to speak, I moderate a listserve (not film related at all), and recently have had to reject quite a few posts because the way in which they criticise certain published research falls foul of the rules imposed by the university which hosts the list. Personally I think these rules are a bit paranoid, but the issue which precipitated them remains. The bottom line is - don't write anything about anyone here that you wouldn't be willing to say to his or her face.
We can debate the rules imposed by our employers until the cows come home. What these are will depend on what provisions are in someone's contract of employment and whether those rules are legal or not. But at the end of the day, it's us wot said it and us wot will have to live with it. Say it on a forum such as this one and you've told the world.
quote: Ken, we could always initiate the old idea of creating a private forum right here alongside the already established public ones. A forum of which can only be accessed by active members. That would drive these people mad.
IMHO that would run the risk of encouraging flaming and axe-grinding without necessarily safeguarding freedom of speech. After all, those who take issue with a potentially controversial viewpoint can also be active members. At least a totally public forum encourages people to think about what they're writing.
quote: The two companies that blackballed me (or tried to) are now bankrupt.
I have a similar story. About a year ago I took a train from York to Glasgow, and found my reserved seat occupied by another passenger. They had forgotten to stick the piece of paper on the top of the seat which indicates that it is reserved. The train was completely full, so it wasn't as if I could just sit down somewhere else. I found the guard and explained the situation to him (OK, I was angling for an upgrade): his response was that that 'there are no reservations on this train', and that I would just have to stand up and put up with it. I responded that I wasn't happy (I'd queued up for ages - and paid - to reserve the seat, several weeks before the journey), and asked him how I should go about getting a refund. His response was that I should stop complaining or else I'd find myself complaining to a policeman when he had be taken off the train at the next station for disorderly conduct! Needless to say I wrote a flaming letter to the train company. Their reply came a fortnight later: 'We are sorry, blah blah blah. Ordinarily we would have taken up the matter with the train manager involved, however I regret to say that he died suddenly on Friday.' I'll certainly think twice before writing a similar letter in future!
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Leo Enticknap
Film God

Posts: 7474
From: Loma Linda, CA
Registered: Jul 2000
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posted 12-16-2002 03:26 PM
Hi Ken:
I agree, being honest doesn't mean being nice all the time, but IMHO it should mean being constructive. By that I mean that if you decide to criticise a person, organisation or a product then (i) that criticism should be based on accurate information, and (ii) it should be done to achieve a positive outcome. For example, 'so-and-so made this mistake because of these factors, so here is how to avoid making that mistake in future.' By keeping personalities out of it you keep criticism to the point, and also make things not quite as hard for the person you're criticising. I wouldn't descibe myself as a peace, love and lentils-type person (well, I am a Daily Telegraph reader ), but I can't see any point in causing an upset if you don't need to. Life is too short...
I totally agree with standing up for anything you say and with the consequent notion of freedom of speech. I was simply trying to make the point that freedom of speech is a responsibility as well as a right. I know I tend to forget that anything I write here (and on any listserve that is archived and web-searchable) is effectively published for all the world to see. It's easy to do that, because I'd guess that on this site, 20-30 people account for 99% of the posts. So I tend to forget that tens of millions of people can read it, and potentially, take offence. Whether they're justified in taking offence or not is a totally different question, and I for one would have to feel very deeply about an issue to want to want to get involved in a massive debate over it...
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