It gives me great pleasure that this ban has come in to effect.It clearly shows Ryanairdontcare Campaign is being listened to in Ireland even more.
The reason why board.ie banned me was nothing to do with me posting information regarding Ryanair's exploitation of young probationary cabin crew but others who have been talking about Ryanairdontcare on their forums..
Want a career in aviation then STAY away from RYANAIR who are Europe's Greatest Exploiters Of Young People....
RYANAIR Not HAPPY...............................GREAT.....
RYANAIRDONTCARE CAMPAIGN are not alone when it comes to comments being placed over the internet that is critical of Ryanair ''SCAMMERS''.....
|By Simon Hradecky, created Thursday, Dec 6th 2012 12:01Z, last updated Friday, Dec 7th 2012 12:16Z|
The Aviation Herald has just received notice of immediate legal activity if a number of comments posted by our readers are not immediately removed from a coverage we released in the last few days.
The airline's attorney states: "We have identified a number of comments posted under this article on your website which are defamatory and, as a result of their continued presence thereupon, (the airline's name) outstanding ... safety record has been damaged in the eyes of right-thinking members of society" and continues later "These comments (and others such as these) are deeply damaging to (the airline's name) good name and reputation for safety and may have damaging consequences for bookings. As you will be aware, you are responsible for the content on your website and are liable as a publisher for defamatory statements which you fail to remove after being put on notice. Therefore we hereby notify you that any failure to immediately remove these comments (and others such as these) will result in the immediate issue of legal proceedings for defamation against you ..."
We have forwarded the letter and details concerning the demand by this airline to our legal advisor for advice and further proceedings.
Update: Our legal advisor recommended to temporarily remove those comments until they had sufficient time to completely and carefully assess the whole scenario. We have complied with that recommendation.
Update 2: The airline's legal advisor has threatened further legal proceedings regarding this very article stating their message was marked "strictly confidential and private" and further complaining I quoted their text only in part.
About half a year ago I was still able to say that after 4 years of operation and around 12,000 stories posted The Aviation Herald had not been threatened with legal action despite some interventions that came close to legal threats. It is now the reader comments that produce the first direct legal threat against The Aviation Herald ever.
We hold the opinion, that taking such legal action does absolutely no good to the airline involved and actually severly destroys their reputation.
Rest assured to our readers however: we shall continue to side with aviation safety and report aviation safety matters objectively and remain objectively even in case of this particular airline.
After verifying the reader comments posted by "Ryanair Legal Department" on Dec 7th 2012 10:49Z do indeed come out of Ryanair, we can now post those four mails including an ultimatum that would have permitted our legal advisors plus myself a reaction time of just about 60 minutes, received by The Aviation Herald and legal advisors in full, which we happily do to get full information to all our readers. Despite the "strictly confidential" note we feel it is highly important for our readers to know, when The Aviation Herald is under threat and we may be restricted in our capacity.
In response to the allegation, that we portrayed the request erroneously, that's incorrect: we always stated clearly - without naming the airline, its persons, or permitting identification of the airline by this very story (until Update 3), that the request was to remove "a number of reader comments". It may be worth for Ryanair to explore the reasons of readers arriving at different conclusions, which may perhaps be due to the sequence of events including the communication between Stephen McNamara and myself over the incident in Memmingen, see Incident: Ryanair B738 at Memmingen on Sep 23rd 2012, descended below minimum safe height.
Suffice to say, that the moderation of reader comments performed by The Aviation Herald has never created any concern, we never had any request to remove a comment.
It is interesting to note, that after we rejected the 4th attempt to change our coverage of Memmingen on Dec 5th, the attempt being unjustified in my opinion after we of course added earlier statements by Ryanair to permit the airline present their point of view, we suddenly are faced with demands by the legal department, that we now quote below in full.
As long as the assessment of the comments by our legal advisors is not finished, I shall refrain from any further comment except to note, that the quote in Ryanair's letter is not complete (and reposting the screenshots would return those comments fully into public). Perhaps it may be worth for Ryanair to explore the reasons however, why people are so divided over Ryanair unlike any other airline, some of them with love and passion for the airline, some seriously opposed.
First Mail by Ryanair's legal representative received on Dec 6th 2012 11:16Z to me, Subject: "Defamatory material posted on your website":
Dear Mr Hradecky,
We write in reference to the entry which appears on your website, The Aviation Herald (www.avherald.com), entitled "Incident: Ryanair B738 at Memmingen on Sep 23rd 2012, descended below minimum safe height".
We have identified a number of comments posted under this article on your website which are defamatory and, as a result of their continued presence thereupon, Ryanair's outstanding 28 year safety record has been damaged in the eyes of right-thinking members of society.
Ryanair takes no issue with fair and reasonable comments which scrutinise incidents which may occur, however the following comments cross this line and are blatantly defamatory (screenshots attached):
1. "What would they do at Ryanair without their Ground Proximity Warning System? Go to funerals every month I guess."
2. "...the daily near disasters and safety infractions at RyanAir!"
3. "Perhaps a testament to Boeing engineering that those [Ryanair] airplanes are not crashing everywhere like fire flies in September!"
4. "...abuse and violations of safety there [Ryanair]/"
5. "They [Ryanair] are a disaster waiting to happen..." implying that there must be some form of intervention "...before he [O'Leary] causes a major loss of lives with his silly ideas and tactics."
These comments (and other such as these) are deeply damaging to Ryanair's good name and reputation for safety and may have damaging consequences for bookings. As you will be aware, you are responsible for the content on your website and are liabie as a publisher for defamatory statements which you fail to remove after being put on notice. Therefore we hereby notify you that any failure to immediately remove these comments (and others such as these) will result in the immediate issue of legal proceedings for defamation against you and a copy of this letter will be produced with a view to seeking our costs in this matter.
Second Mail by Ryanair's legal representative received on Dec 6th 2012 13:01Z to me, Subject: "Defamatory material posted on your website":
Dear Mr Hradecky,
We note with interest that despite our letter being clearly headed as "Strictly Private and Confidential" you have decided to not only publish same, but to choose selective quotes which completely misconstrue the request which we made. You will be aware that we made no demand with regard to your continued (and mostly accurate and fair) reporting of aviation incidents, nor did we demand that you edit/remove comments in a blanket manner. We highlighted specific posts which are clearly defamatory of Ryanair and note that you have chosen to seek publicity and misappropriate donations by fraudulently misconstruing our letter and failing to inform your readers that we clearly stated that we have no issue with fair and reasonable commentary - our request is limited to clearly defamatory postings as identified.
Your behaviour is seriously disappointing; if you wanted to discuss this matter, my contact information is clearly available from my email. We reserve our position regarding the fresh defamatory posting made by yourself under the heading "The Aviation Herald under legal threat", the failure to comply with the request of our earlier letter of same date and any proceedings (whether civil or criminal) with regard to your selective publication of our clearly marked private and confidential correspondence. You will be hearing from us regarding these matters in due course.
Third e-mail by Ryanair's legal representative received on Dec 6th 2012 14:38Z to me and our legal advisors (after I sent note to direct any communication to our legal advisors), Subject: "Defamatory material posted on your website":
I am happy to communicate with your lawyers regarding Ryanair's correspondence and must re-iterate that it is exceptionally poor professional behaviour to post strictly private and confidential correspondence on your website. It is even worse to selectively quote from such correspondence in order to disseminate misinformation. I have had no previous dealing with you on prior occasions and if you wanted to discuss our request, I was and remain available to communicate with you and/or your lawyers in a rational and reasonable manner; however your unilateral actions do not bode well for our future relationship.
I put you and your lawyers on notice that we request that you immediately either:
1. Remove the contents of our strictly private and confidential letter from your site and apologise thereupon for publishing such correspondence, or;
2. Replace the selective quote with the entirety of the letter in order to clarify the rampant speculation that is occurring in the comments section.
This is strictly without prejudice to any actions which we may initiate for further defamation (or aggravation of the initial tort) and/or any and all causes of action arising from the publication of selected parts of Ryanair's closed correspondence.
Fourth e-mail by Ryanair's legal representative received on Dec 6th 2012 16:24Z to our legal advisors (forwarded to me at 17:07Z):
We write in reference to the entry which appears on The Aviation Herald (www.avherald.com), entitled "The Aviation Herald under legal threat". The contents of this publication are factually inaccurate, based on false claims from a selectively and purposely misquoted letter and was published by your client without any opportunity given to Ryanair to rebut these falsehoods. As a result, Ryanair's reputation has been damaged in the eyes of right-thinking members of society.
We take serious issue with this publication. As we pointed out to your client, Ryanair takes no issue with fair and reasonable comments which scrutinise incidents which may occur and takes no issue with the vast majority of the posts by Mr Hradecky. However, the statements contained in the entry in question were published falsely, are grossly defamatory and were maliciously published to damage the reputation of Ryanair and expose it to public hatred, ridicule, odium and contempt.
Your client has stated explicitly and by innuendo that Ryanair is somehow attempting to censor his reporting and all reader comments. This is not further from the truth. We specified THREE (3) posts out of the hundreds of comments about Ryanair on this website which are clearly defamatory and untrue. We have in no way attempted to conduct ourselves in the manner in which your client is perpetuating on this entry on his website and we highly object at his action in allowing the comments thereunder to wildly speculate, accuse and threaten both Ryanair and myself.
We put your client on notice that his website contained defamatory comments (which were clearly specified) and that pursuant to Irish and European law, he may be liable as a publisher of that material should he fail to remove it. Finally, we most certainly did not threaten "further legal proceedings regarding this very article stating their message was marked "strictly confidential and private""; as you are well aware, we stated that Ryanair reserves its position to bring such action as necessary.
We had hoped to obtain an amicable and professional resolution to this matter. Unfortunately that has not occurred. As such, I must put you on formal notice that we require you to return by email before 17:30 UTC today with your indication that the highly defamatory material posted by your client under the above-entitled article and that you will co-operate with Ryanair in resolving this matter. We would hope that legal action is not necessary to resolve same and look forward to your response.