Jersey Post initially reluctant to suspend covid-sceptic paper

Thursday 04 November 2021

The CEO of Jersey Post had initially been reluctant to halt distribution of The Rock newspaper, saying it was not the delivery service's job to "act as censor", newly released e-mails have revealed.

The pandemic-sceptic newspaper was suspended from circulation the day after its publication, with Jersey Post conducting an investigation following complaints from islanders over its content.

Containing pandemic-sceptical articles and headlines such as 'the Nazification of the NHS,' the publication caused controversy and debate.

It was distributed using Jersey Post's Direct2home Service, a commercial arm of their business, separate from their main postal service.

In emails released following a Freedom of Information request, a day after the first issue had gone out, Jersey Post CEO Tim Brown told the Treasury Minister - in her capacity as shareholder - that "our line is that it is not our role to act as censor". The following day, Jersey Post suspended deliveries.

Asked to clarify the change in position by Express, a spokesperson for Jersey Post said it was decided that the newspaper had been in breach of their terms and conditions - but declined to state which ones.

Pictured: In an e-mail sent on 16 August, the day of the first issue's publication, Jersey Post CEO Tim Brown told the Government: "our line is that it is not our role to act as censor." 

On 16 August, when the publication was first distributed distributed, Mr Brown e-mailed Treasury Minister Deputy Susie Pinel asking for their advice.

"We started delivering a D2H [Deliver 2 Home] which we were led to believe was a lifestyle/health and wellbeing publication," he told them.

"It turns out that it is more controversial than that. On the back page is a plea 'Help Fund The Rock - people funded newspaper - distributed independently to remain fiercely free from the establishment we seek to hold to account."

Pictured: The first edition of the newspaper was circulated by Jersey Post on 16 August.

He added some observations on the paper's content, noting: "The front page has a banner 'Children have a natural immunity!'

"'There are articles about the privitisation of our coast is leaving behind a legacy of atrocities and must be stopped.' 'Jersey takes part in a global rally for freedom.' There is a feature section with a banner 'Science Delusion with an article 'All claims about 'viruses' as pathogens are false.'

"Another feature section with the banner 'Health Gleichshaltung carries the headline 'The Nazification of the NHS.' And so on..."

On what to do going forward, he said: "Our line is that it is not our role to act as censor. We are the [sic] delivering in good faith as we deliver everything if it is legal.

"I would be grateful to hear your views on the matter."

Pictured: Treasury Minister Deputy Susie Pinel asked Jersey Post whether the publication was compliant with Jersey's Postal Service law.

A letter dated 17 August from Treasury Minister Deputy Susie Pinel thanked Mr Brown for "promptly identifying the risks involved and informing the shareholder."

She said she did not "wish to intervene in the operational matters of Jersey Post," but was "pleased to hear you have ceased distribution of the Publication pending further advice/direction.

She continued: "Jersey Post is of course tasked with the delivery of many types of documents, letters and parcels and cannot be expected to review and censor every item it is asked to deliver.

"I am grateful for your swift action in light of the high number of complaints from islands both to Jersey Post and on social media.

Saying she appreciated that "Jersey Post has a choice as to whether to accept future material for distribution," she asked them to consider:

a) Whether copyright has been infringed in relation to the publication/re-publication of any material contained in the current publication.
b) Whether the content (eg. Reference to 'Nazification') in the current publication is consonant with the tenor of Article 60 of the Postal Services (Jersey) Law 2004.

Pictured: Jersey Post explained that they had suspended publication as the newspaper was in breach of their Direct2home terms and conditions, though due to reasons around confidentiality, did not specify which ones.

In an e-mail responding to the contents of Deputy Pinel's letter on 30 August, Mr Brown said that "we are still taking legal advice but happy to have a call to discuss our latest thinking.



He added: "Are you able to confirm that no Government agency, such as that (but not solely) the police, are conducting any investigation or review into the contents of The Rock Paper?"

There was no further correspondence on the matter, according to the response to the request under the Freedom of Information Law.

When Express contacted Jersey Post over what had changed their minds, they said the paper had been in breach of their terms conditions.

David McGrath, Group Marketing Director at Jersey Post, said: "We commenced distribution of The Rock under our Direct2Home service, which is a commercial enterprise within our business, separate from our postal service.

"In common with other suppliers of island-wide delivery services, this is subject to contractual terms and conditions, which customers agree to abide by when signing their contract with us. We found The Rock to be in breach of our terms and conditions and subsequently ceased delivery."

On which terms and conditions were breached, he said it "is a commercial and confidential arrangement, and therefore I cannot disclose this concerning a client."

A second edition of The Rock newspaper has since been created, but distributed on foot by volunteers linked with the publication.