I doubt whether it will be this afternoon, and in any case I am with Spear here - better a cooly considered and legal reaction than a rushed and possibly botched effort which would be welcomed only by the organisation's opponents.
This is not a webmaster arbitrarily calling the shots as is his or her absolute right on their own property, but a legally constituted and internationally active company in a position of authority over another company and considering a possibly punitive action that may have serious legal and business consequences.
I have just called Andrew, who btw has been trying to deal with this and board meetings in addition to his normal job and leading a tough training session on (ironically) Responsible Gaming.
Believe me, he is well aware of the situation and is monitoring it closely, at the same time taking the procedural steps that are required in terms of eCOGRA constitutional and legal advice.
Apparently the immediate and arbitrary pulling of a seal is not quite as simple and straightforward as posting "just take their seal". Seals can be revoked, no question - but the lawyers say that procedures and justice must be properly served.
In a justifiably superheated atmosphere such as this, an instant reaction would be more to the liking of everyone. I share the views expressed by many here regarding JF's debacle and the fact that it has still not pulled down all of this contentious rubbish.
But eCOGRA does not have the luxury of the individual in simply joining in the general clamour before it has its ducks in a row.
I am informed that the proper legal procedures that need to be followed in these circumstances where a withdrawal or suspension of the eCOGRA seal is contemplated, have to follow the legal procedures of English Law (where eCOGRA is based) and the principles of *natural justice* (because it is applied to companies not necessarily falling under English jurisprudence).
The following must take place before a seal can be withdrawn:
(i) the eGAP rules are clear and unambiguous;
(ii) a person or entity is given a chance to rectify any shortcomings or non-compliance;
(iii) the natural justice rules are followed in relation to disciplinary proceedings; and
(iv) the eGAP and natural justice rules are consistently applied on a
case to case basis.
The three cardinal rules of natural justice are:
1. A person or entity has the right to know the case against him. This typically requires:
. adequate notice of the allegations
. adequate notice of the hearing
. adequate notice of the procedure for determining the alleged breach(es)
2. A person or entity must have a fair opportunity to answer the charges and
present his own case.
3. A person has the right to a decision from an unbiased decision-maker.
eCOGRA may well make a statement, but it is unlikely that this will happen until Andrew and the independent directors are satisfied that the legal requirements of starting the process have been complied with.
I can understand anger and disgust at this issue making posters impatient, and I can understand some of eCOGRA's critics trying to make the most of it but is an immediate statement really critical here, and should eCOGRA be discredited because it hasn't burst into print yet?
Andrew has assured me that things are happening, assisted by those of you who have been sufficiently committed to the issue to communicate with Andrew and send him examples of the offensive material.
There's no way this thread or the main one elsewhere here will be allowed by any of us to fade away, so why not give eCOGRA the space to do things properly?




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