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To: Treasury Ministers & The FCA

Clarity v Censorship of Social Media

We are calling on ministers to make the small but crucial changes needed to create clarity with regards to regulating social media. We are also challenging the FCA, who must work within the rules and legislation they are given, to exercise their prerogative to signal back to government when they are outdated and no longer fit for purpose - as these clearly have been created before social media existed.

Why is this important?

Without this clarity our rights to opinions and free speech will be at the behest of a regulator who may classify some as illegal financial promotions.

Our regulator (the FCA) and their equivalent in the USA (the SEC) are currently the only regulators in the western world who are seeking to limit the free speech and flow of opinions of citizens on social media. So this matters to us all.

Opinions & Free Speech Regulated = Censorship
What it proposes is far from clear. The result of this lack of clarity is it places rights to monitor and regulate the expression of opinions and free speech, by both innovators and innocent members of the public, initially in this small but very significant area, into the hands of unelected and unaccountable regulators. Historical precedents are clear where this can, and usually does, lead.

Clarity
This unclarity is simply not necessary. One of the UK's leading legal minds, Chris Moss,of JMW solicitors, who continues to guide The Bank of Dave, has looked with us at the legislation, which was created before social media existed, and identified the small but crucial and uncontroversial changes needed to bring exactly this clarity. He has identified that these are changes that can be made by the Chancellor and his Treasury ministers.

In under a week the UK's Financial Regulator close their consultation as they tighten their grip on Social Media and what messages from the trade and public will be outlawed.

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PLEASE ACT NOW

Please sign the petition and also respond now to the FCA to ensure ordinary citizens are not placed in legal jeopardy for using social media to express an opinion, or talk about a crowdfund. This only need takes a few moments.

The full details are at http://www.fca.org.uk/your-fca/documents/guidance-consultations/gc14-06 and it closes 6th Nov 2014. If you care about free speech or the freedom of social media please read the summary and express your opinion, below. One way or another it's important you express your opinion about free speech. We need clarity and unless there's a change of direction that won't happen.

PLEASE NOTE Sample/Template Text is provided below and you can skip to it below and send it if you're familiar with this issue and short of time.

As requested by the FCA please email : [email protected] or use the response form at http://www.fca.org.uk/your-fca/documents/guidance-consultations/gc14-06

------ Sample Template Response (for you to adapt and send) -----

I/we do not believe that the FCA should have the right to monitor and classify ordinary citizens use of social media as illegal.

Paid financial promotions (adverts) are different from citizens use of such media, and measures to ensure they are policed to be 'clear, fair and not misleading' must not remove the rights of citizens to free speech and free expression, or place citizens in jeopardy.

This is paramount and we call on the FCA to ensure that this clear distinction is maintained in the handling of social media, and to make the necessary changes to these proposals to ensure that they are, and citizens and entrepreneurs use of social media for crowdfunding or other purposes is not restricted.

To also, if necessary, directly raise these matters with government to ensure such clarity.

We need clarity. Please play your part by taking just a few moments to respond to the FCAs consultation and express your opinion.

How it will be delivered

We will hold a press conference to coincide with the conference and debate on this matter on 13th Nov. and deliver a renewed submission to the Chancellor / Treasury ministers soon after.

Links

Updates

2014-11-02 09:40:35 +0000

10 signatures reached