Everything below this point is as it appeared on the original site before it was shut down.

Host Europe, acting for the Obscene Publications Unit, agreed to reconnect my web server on the strict condition that I did not to attempt to put thinkofthechildren.co.uk back up in its original form (which is exactly what I have done). I have been warned by both the Met. and Host Europe that if I reactivate thinkofthechildren.co.uk it will be closed down immediately. Again.

I have taken the decision to ignore this threat and to reactivate the site in order to force the police to obtain a formal warrant for its closure. I am hoping that Host Europe value their reputation amongst the Internet community enough to avoid taking the site down (again) until such a warrant is obtained.

If the site should suddenly vanish from the Internet, I would be delighted if anyone wants to set up a mirror. The more the merrier. Please download the current .zip archive of the site here, unpack the archive and read the readme.txt file.

Please also note: This site is an entirely personal project and is totally unconnected with any other publication(s) I write for. One of the email newsletters I work for has very kindly agreed to host my mailing list for me. That is as far as their involvement in thinkofthechildren.co.uk goes. This is certainly not a publicity stunt for them or for anyone else. I wish it was - at least then I could afford a proper lawyer.

Thank you to everyone who has contacted me regarding thinkofthechildren.co.uk. I really appreciate your support.

See the original fax sent from the Obscene Publications Unit to Host Europe: Here.

Dear Host Europe,

I have re-activated this site without your consent as to notify you of my intention would be to render you liable in law as the publisher of the material contained herein. You might want to close your browser now and play dumb.

Still here? Ok. Fine. Before deciding whether to shut down thinkofthechildren.co.uk for a second time (which I realise you are entitled to do under your standard terms and conditions), I would ask you to consider the large number of Internet users from around the world who have emailed you to request that - in the interests of freedom of speech - this site be allowed to remain online.

I would also ask you to read carefully the following open letter to the Obscene Publications Unit and to ask your lawyers to explain to you the important differences between the case of Laurence Godfrey v. Demon Internet Limited (a civil libel case) and the situation regarding thinkofthechildren.co.uk (which the Metropolitan Police are suggesting may give rise to a change of criminal incitement).

The decision whether to fight or flee is ultimately yours but, for the sake of future Internet publishers, I would ask you to consider requesting a formal court order before closing down my site for a second time. In the Godfrey case, Demon was liable to a private citizen for allowing a libel to be knowingly published. The only option available to the police in this case is to prosecute you (and I) for incitement. As this is not the 17th century, you will not go to jail if you ask for a court order before agreeing to take action. If fact, you will simply be acting to protect your rights as a publisher under the European Convention on Human Rights and the Human Rights Act 1998.

If, on the other hand, you do decide to roll over for a second time in the face of an 'informal request' from the police, I wish you every success in coming to terms with the irreparable damage it will do to your reputation amongst the Internet community.

Sincerely,

Paul Carr

concernedparent@thinkofthechildren.co.uk

Dear Obscene Publications Unit,

Firstly, please be aware that this site has been re-activated without the knowledge or permission of Host Europe. At the time of writing, they were not prepared to challenge your informal request to remove thinkofthechildren.co.uk from the Internet so, as the author of this site, I have chosen to challenge it myself in order to safeguard the right to freedom of speech on the Internet.

I would ask that you read the following carefully before contacting Host Europe or taking any other action in relation to this site.

The decision to reactivate the site was taken by me and, as far as the law permits me to do so, I am prepared to assume full responsibility for the publication of the site. Until such time as Host Europe are officially notified that the site has been reactivated and that it is in contravention of either English criminal or civil law, the company should not be held liable as publishers.

Of course, you will probably decide to exploit of Host Europe's fears of civil liability following the case of Laurence Godfrey v. Demon Internet Limited in order to persuade the company to close down thinkofthechildren for a second time. You will do this despite the fact that the Godfrey case can be easily distinguished from this one - which involves the criminal offence of incitement. Not least because you have shown no evidence that any offence has been committed.

The fact that a small number of people may be confused by the nature and purpose of thinkofthechildren.co.uk is not sufficient grounds to remove it from the public domain. Ever since Jonathan Swift published 'A Modest Proposal' in 1729, writers have been proposing violent (and, in Swift's case, murderous) action for the purposes of satire. A Modest Proposal was widely distributed in the 18th century yet there is no single recorded instance of an Irish baby being killed for food during that period - either as a direct or indirect result of the work being published.

If you seriously believe that thinkofthechildren.co.uk is likely to incite violence or public disorder then I would be grateful if you would do me the courtesy of attempting to prosecute me for the offence. Proper legal channels exist for this purpose and I'm sure you know how to use them. You are also welcome to apply for a warrant to close the site pending a trial, subject to the Human Rights Act 1998.

If, on the other hand, you choose to apply any further informal pressure on Host Europe, I will have no alternative but to take action pursuant to my rights under s12 of The Human Rights Act 1998 (namely my right to Freedom Of Expression and, in particular my s12(3) right not to have my work removed from the public domain before a formal trial.). I will also take steps to establish mirrors of the site in states not covered by the jurisdiction of the Metropolitan Police. There are plenty to choose from.

Put simply. If you think that I have acted in such a way to justify denying me my rights under Article 12 of the European Convention on Human Rights, please take the appropriate formal action against me. It will be a dark day for the British tradition of expressing opinion through satire but at least we'll be able to clarify the law once and for all. Otherwise, kindly realise that there will always be people who don't 'get' satire and leave me, my Internet Service Provider, and all other law-abiding authors alone.

Sincerely,

Paul Carr

concernedparent@thinkofthechildren.co.uk

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