Your analogy is wrong though - it's more akin to McDonalds customers having a pop. Something they would have every right to do in a free society. Will we see a McLibel style Eircom League court case? ;)
KOH
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My mistake! I thought it was the club website. Fair enough then! I have no prob with anyone saying anything, just from previous experience of opening my big mouth I know how damaging things can be for a club if its said officially and I understand that concept now.
Block G thanks for the compliments.....am not being a mouth piece for anyone, I just hate to see injustice. The people I have met in the FAI and the things I have seen give me reasons for stand up for them in some posts but other than that I dont necessarily toe the party line.
its a nut and a sledgehammer job
does anyone in the FAI not have the brains to see that in its attempt to control opinion to make it positive they only succeed in generating widespread bad opinion from within the LoI support base and from observers in the media who rightly are highly critical of this approach
its a lose lose situation - yet they keep coming back for more
by highlighting it (the article) they've given it far more credance and a far greater audience than it would ever have achieved had they left well enough alone
this new "fai" is destined for serious failure IMO as the people running it haven't learned a thing from the past
Steve ive tried pm'ing you.i cant as you've exceeded your limits
I was full of hope for the future of league as a result of the F.A.I. takeover but, alas, it would appear from their action on this issue my hope has been sadly misplaced. Another "fine" mess methinks.:mad: :mad:
I think the real issue with regards to this article is what happened to Neil Riordan's O and apostrophe.
wws hit nail on head with those remarks
No Disrespect to the Derry site,but how many people would have read the article other than it was publicised by the FAIs actions?
This fine is going to make a lot more of an impact on the image of the FAI than anyone else.
The usual will happen in that people will want to read what all the fuss was about.
Delaney is not exactly Mr Popular or held in any esteem by the media (and the public) at the minute. This action will only draw attention to himself that frankly he doesn't need at the minute.
Lads www.derrycityfc.net is not an official website as such! things that are posted on this website are posted by fans, they are not in anyway connected to the club other than benig fans. The club do not popst on this site, nor do they pay for the up keep of this site, therefore it is not the clubs!
Also there is a disclaimer on this site, so for anyone from the FAI who may be reading this, stick this in your pipe and smoke it ya shower of b*sterds!
[B]Disclaimer
Whilst this website has become the de-facto official website of Derry City Football Club, it is essentially an independent production and the views expressed on this website do not necessarily reflect those of the Club or its Board of Directors.
However, Derry City FC provides us with unparalleled access to players, staff and news and we enjoy an amicable and mutually beneficial relationship with the Club.
All proceeds from advertising/sponsorship on CityWeb, go towards the maintenance, upkeep and production of the site and associated projects (e.g. iCandy) – CityWeb is not a commercial venture and does not make a profit.
The use of editorial matter from newspapers, websites or other media sources is done so without the permission of the content owners but we operate under a strict commitment to fully credit the source of the content as well as provide hyperlinks back to the associated website, if it exists.
The views of contributing authors to CityWeb may not correspond with those of the site owners and the site owners take no responsibility for any defamation or libel contained therein.
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This taken from Derrycityfc.net
http://www.derrycityfc.net/site/about.php
Isn't there a bit in licensing rquiring clubs to have a club website? Could Derry be Shelegated?
Man, this is pathetic. A guy on the Derry forums put it very nicely, "At the end of the day, all the EL-related websites collectively probably do more to help promote the league than the FAI have ever done."
There was an article in one of the tabloids on this. Someone's posted it online here. This whole thing has brought far more negative attention on the FAI than the article ever could have on its own. Ironically, the FAI's own belligerent incompetence is serving to highlight their belligerent incompetence. Maybe they deserve a fine.
Should have been more specific, i was on about Derry being Shelegated lol.Havent actually read the licence criteria, but having a website is a bit of a weird one wouoldnt ye tink?
Not really. All clubs should have programme, website, tv gantry, press facilities etc etc. A good thing enforcing this IMO
Of course you shouldn't be shelegated, you shouldn't even be fined but expect the worse with these clowns
Not really, clubs must also have facilities for the press etc. If in their licensing application submission Derry City listed their website as being www.derrycityfc.net then I'm sure the FAI are entitled to consider it as their official site.
If Derry claim its not their official site well then its a case of having your cake........
Either way its fvcking ridiculous that the FAI are handing out fines for articles that are 'fair comment'.
First of all that disclaimer is hard enough to find & its not at all obvious the site is unofficial.
If the site is unofficial it seems the FAI can just change the reason for the 5k fine ;)
Recently the CCFC official forum was moved to separate domain
& now clearly marked as unofficial. This was more to do with requests by fans than any FAI pressure...
It does say it is 'Derry City Football Club Online' (is there another 'more official' site?).
While this is another instance of Derry wanting to have it both ways ;) , it in no way excuses the FAI action.
derrycityfc.net IS the registered official website - so there's probably very little argument there.
Is that what makes it official? Probably. I didn't register it with the league. The club however doesn't fund it in any way, and the domain name is "owned" by me. But to be fair thats probably how most "official" EL sites work.
However, the main point in this argument was the fact that it was removed IMMEDIATELY from the derrycityfc.net website and still - 2 weeks later - they saw fit to fine the club and have an ongoing €1000 daily fine because the "official" site retained a link to the story hosted on another website.
The site also contains links to derrycitychat.com, irish Football Online, Belfast Telegraph, Derry Journal, Irish Independent - should Derry City FC be responsible for the content of these websites also?
In a word Yes , you have poor john in his office all upset and fearing for the safety of his staff for having the audacity to point out the obvious facts, you scoundrel
Its a ffaaaaaaaaaaaaaaaaaaaaaarrrrrrrrrrrrrrrrrrrrrrrrrr rrrcccccccccccccccccccccccccceeeeeeeeeeeeeeeeeeeee eeeeeeeeeeeee
Regardless of whether the site is official or not - there is a much bigger issue at stake here that i believe would see Derry City succeed if they took the FAI to court over this.
And that is a simple Freedom of Expression principle, as guaranteed under Bunreacht na hÉireann. Article 40, Section 6, Subsection 1.1 states the following :
I cannot see how the FAI's actions can be seen as anything other than a breach of that constitutional guarantee, and I strongly suspect that DCFC would win a legal challenge on this matter if they chose to do so. And I hope for the sake of Irish football that they or some other club/person does chose to challenge this petty suppression in the Courts. The whole thing would blow up so badly in Delaney's quiffed face.Quote:
Originally Posted by Bunreacht na hÉireann
But Mr Delaney Sir may seek to rely on:
There's also the idea that by saying up to the provisions of the new league which included a clause not to criticise the FAI that Derry City have waived their constitutional right to criticise the FAI.Quote:
Originally Posted by Article 40.3.2˚
Not at all. The Irish constitution has supremacy over the FAI's own internal rules. The FAI cannot ask you to sign awsay your constitutional rights.
Where the FAI's rules run contrary to the Constitution, they are liable to be declared illegal if challeneged.
Maribor Kev's right to freedom of expression is being supressed by the FAI, who are levying punitive financial penalties upon an organisation that Kev is separate from (DCFC) in an attempt to have them deny him an existing opportunity to express those opinions.
What would make it even more interesting would be the fact that the 'offending' website actually operates in a different political/legal jurisdiction than the FAI. I suspect that could leave City free to do and say whatever the hell they liked with impunity so long as it didn't break any UK or European laws (beyond the obvious fall-out of incurring the FAI's wrath). I'm no lawyer though.
That's not true Steve. If it whereso then confidentiality agreements wouldn't be binding etc etc.
People waive their constitutional rights every day of the week. Example - Anybody tried in the District Court for an offence for which they can also be tried on indictment can waive their right to trial by jury and have the matter tried summarily in the District Court.
It's not as simple as you think.
Do you honestly think any Court in the land would associate Kev's article with the above ? Facts are facts, and cannot therefore cause 'injustice, damage' etc - even if the target of your comments does not like facing up to those facts.
No, no, no !!! The Constitution has primacy here. The Fai Rules cannot be enforced where they are unconstitutional - regardless of whether you signed up to them or not. As an extreme example - if you sign an employment contract to be a bank robber or murderer, that contract is unenforceable under the Constitution/law, regardless of the fact that you signed it. Otherwise - what would be the point in having a Constituoino if it was powerless in the face of every bit of signed paper ?!?Quote:
Originally Posted by Charlies Boots
yes but people waive their constitutional rights everyday - for instance - allowing themselves to be tried summarily in the District Court on assault charges for example - even though they are constitutionally entitled to trial by jury.
duuuuh I thought EVERYONE knew this stuff -its basic
surprised at CB not picking up on it earlier
That's not the case Steve. Contracts such as the ones you mentioned are unenforceable as they are illegal. A contract that guarantees your silence on certain matters is not illegal and is very common.
People also have an unenumerated constitutional right to bodily integrity. You can however permit a doctor to perform an operation on you. Bad example but you get the gist.
How are confidentiality agreements unconstitutional ?? There is a huge difference between signing an agreement to not dislose commercially sensitive information/facts, for example, and signing one that removes your ability to express your own personal opinion.
If I knew that you had committed an illegal/unconstitutional act, and then you made me sign a Confidentiality agreement to prevent me disclosing that information, the law would support me if I did disclose it. If it became clear that I knew of your activities when they were happening and did nothing about them, it would probably also in fact seek to punish me for not disclosing the information (thought this is where it gets complicated).
This is not an appropriate example though - as it's a scenario that is within the law/legal system, which itself is based upon the constitution. Like I said - I'm no lawyer though - so perhaps one of the leagl eagles on here can clarify the whole situation either way.Quote:
Originally Posted by Charlies Boots
Regardless of all the above - the bottom line is this : show me the bit of paper where Maribor Kev signed up to say he would not criticise the FAI ?