Meryl Dorey claims that Australian Skeptics suppress free speech – Why?

Posted in Anti-Vaccination Lobby, Human Rights, Legal, Scam by Paul Gallagher

In the lead up to the Woodford Folk Festival the pros and cons of allowing Meryl Dorey to speak on vaccination received ample coverage.

The concern was quite straight forward. Meryl Dorey has a track record of misleading the public to sway people away from vaccination, a proven record of misappropriating funds and scamming her members, harassing grieving parents of babies deceased from vaccine preventable disease and is the subject of a NSW Health Care Complaints Commission Public Health Warning.

Meryl also refuses to engage her critics and despite being shown in error time and again, continuing to repeat untruths. Lastly, she gives voice to selective and bogus information in order to discredit the science of vaccination. We are in the middle of a serious pertussis epidemic and Meryl has a well rehearsed ditty that confuses people with dodgy figures and blatant untruths.

This was not an issue of free speech, but one of community responsibility. Very serious responsibility.

Despite Meryl’s extraordinary claim that the Australian Skeptics “say we don’t have freedom of speech and you don’t have a right to say no (to vaccination)”, it is a distortion of the facts. A successful 2009 complaint to the NSW Health Care Complaints Commission, submitted by Ken McLeod had posed under item 5 page 6, Is the AVN protected by a right of free speech? After noting the lack of constitutional protection and citing legal precedents it concluded:

So, in Australia, one is entitled to free speech provided that one does not harm an individual or society in general.

Ms. Dorey responded extensively to this in her reply (pages 9 – 12), citing a number of High Court cases involving the running of government. Dorey argued that the AVN was engaged “in ʻpoliticalʼ discussion”, and that “freedom of communication on matters of government and politics”, included material produced by the AVN.

Having awarded herself this spectacular promotion her conclusion did quite naturally, “confirm that the HCCC has a constitutional obligation” not to implement the provisions of the Health Care Complaints Act to the detriment of the AVN. Dorey’s defence was dismissed and the complaint upheld.

This is the genesis of the “they suppress my right to free speech” myth. Mr. McLeod is not a member of any skeptic organisations or groups in Australia. Australian Skeptics have never endorsed in word, deed or by association any notion that could be construed as opposition to free speech. Ms. Dorey has subsequently scurrilously inferred this for malicious intent.

Strikingly, whilst arguing that the AVN holds the same importance as individuals involved in the running of government, Dorey failed to address the key outcome of McLeod’s self imposed query: [That] In Australia one is entitled to free speech, provided that one does not harm an individual or society in general.

The importance of this cannot be overstated. Dorey spent six times as much text unsuccessfully refuting McLeod’s conclusion, as he did formulating it. At no point does she argue that the AVN does not harm an individual or society in general. As a refutation it seeks to argue that the AVN has a constitutionally protected right to speak how it chooses regardless of consequences to aforementioned individuals and society.

As for a chronology of the Australian Skeptics’ genuine involvement in challenging claims made by the AVN, we can look back to issue 2 of The Skeptic 2005, and the article by Ken McLeod: “Anti-Vaccination Ratbaggery”. In March 2009 Toni and David McCaffery lost their 4 week old daughter, Dana, to pertussis. Unaware of the AVN’s existence the McCaffery’s made a public plea for parents to educate themselves on the dangers of vaccine preventable disease. At the same time Meryl Dorey contended that the public was being misled, seeking access to Dana’s medical records and confirmation of cause of death.

On August 5th 2009 Australian Skeptics published a page dedicated to evidence based information on vaccination. On Thursday August 6th, 2009 The Australian ran a full page advertisement funded by Dick Smith Foods criticising the AVN and urging parents to seek reputable information.

By early September 2009 Channel 7’s Sunday Night programme ran two episodes on pertussis and vaccination. The first, A Mother’s Choice looked at the story of the McCaffery’s and featured interviews with Meryl Dorey. In the second, a forum, it was confirmed that the McCafferys had been targetted with hate mail by The AVN. Asked about qualifications, Meryl contended that she “had a brain” and had researched vaccination for 20 years.

Although morally supported in the studio by members of Australian Skeptics, it was the personal and invasive nature of the AVN’s comments toward the McCaffery’s that motivated an individual, Daniel Raffaele, to form a Facebook page called Stop The Australian Vaccination Network. It is not funded by, nor is it a “sub-group” of Australian Skeptics. Whilst popular with some skeptics it is not an exclusively skeptic venture.

Later that year the Australian Skeptics awarded Ms. Dorey the 2009 Bent Spoon Award for the traditional annual celebration of the perpetrator of the most preposterous piece of paranormal or pseudo-scientific piffle. The honour table presently reads:

2009: Meryl Dorey and the deceptively named Australian Vaccination Network, who spread fear and misinformation about vaccines

The McCaffery’s received the first Fred Thornett Award for the “promotion of reason”. The following year the Fred went to Ken McLeod and Wendy Wilkinson who had contributed to Stop The AVN in individual ways, realising unique outcomes. Namely the NSW HCCC public health warning against the AVN and the NSW OLGR revoking the AVN’s Charitable fundraising licence. The Skeptic Of The Year award, went to Stop The AVN itself.

It is likely that around September 2009 that the AVN turret swung in the direction of Australian Skeptics. Certainly the 2009 Merit Awards (particularly the Bent Spoon), a number of articles in The Skeptic over 2010, and the 2010 Merit Awards themselves galvanised AVN opposition to all things skeptical. Since then salvos of misinformation which attempt to portray Stop The AVN and Ms. Dorey’s individual critics as “a sub-group” of Australian Skeptics, who are also accused of being antidemocratic, have continued unabated.

But blaming “the skeptics”, Australian Skeptics or continually claiming (as in the audio below) that Stop The AVN is funded by “the mother ship”, Australian Skeptics does nothing but divert attention away from the real issue. Meryl wants to be seen as persecuted, as silenced by unseen forces, and aware of your enemy. That way she must be right because they are so very wrong. Evidence need not come into it. Action can be initiated by invoking assumed malignant motives attached to the word “skeptic”.

By linking suppression of free speech to Skeptics and repeating gems such as “They [Skeptics] say people aren’t smart enough to hear both sides of the argument”, it creates an entirely false dynamic that suggests there is another side to proper health care and the scientifically literate are hiding it. It’s the vaccine equivalent of tacitly urging people to cut off their nose to spite their face.

Individuals who may speak or write as part of their professional life, and also happen to comment or offer advice on the Stop The AVN Facebook page are targetted for their views and awarded “membership” of Australian Skeptics by Ms. Dorey. You may ask why. The answer is quite simple. By convincing potential supporters an enemy is mobilising forces against them – terms Dorey actually uses fictitiously against “the skeptics” and SAVN – it is easier to rally support or motivate people to act without thinking critically.

Let’s take one recent example. A physician wrote a piece on the topic of patient health choice vs risk. Vaccination was not mentioned. Health authorities know that with the success of medical science rare adverse events are now more common than the diseases and problems that filled cemeteries with young mothers, infants and children only half a century ago. Yet this piece had a poll. A poll on choice. Dorey wanted to influence that poll. So, here’s what she wrote to her members:

[Redacted] is a member of both Stop the AVN and the Australian Skeptics. She has just written an article for the [redacted] which I believe is free online (text below), there is also a poll asking whether doctors should support a patient’s health choice even if they disagree with it. At the present time, 50% of those who have answered say no! That is frightening! i (sic) think if this poll is representative of most doctors, they should have a refresher course in what it means to be a health advisor rather than a health dictator.

Some nastiness on AVN’s Facebook page accompanied this. More so quite some assumption is being made. Not only is the article open to the public (anyone can vote) many doctors who defend conventional medicine also strenuously defend a patients right to choose. Ethics is perhaps not Meryl’s best subject. Eventually this was brought to the attention of the physician who, clearly not ruffled, went through the motions of seeking clarification:

Ms Dorey, I am not, and have never been a “member of Australian Skeptics.” I await your correction and apology. (Unless, of course, you were talking about somebody else, rather than just misspelling my name).

Silence.

Apart from individuals there are many blog posts and Facebook diatribes attacking “Australian Skeptics” or just “skeptics” for suppressing free speech, to not being actual skeptics, to being “pathological skeptics” for not seriously accepting the possibility of aliens. This silliness espouses ignorance of skeptics. It is not the existence of aliens that skeptics find difficult to accept. It is the quality of the current evidence for the existence and activities of aliens that has been proven unworthy time and again.

Much like that being exhumed over and again to challenge vaccine safety.

From a woman who likens court ordered vaccination to rape with full penetration, labelling vaccines “instruments of death” and claims that trusting ones doctor is “like telling a hen to trust a fox or like telling a five-year-old to trust a paedophile”, it would seem rational discourse is far from an option. Particularly when she then fictitiously claims on air to be bipartisan, and says, “we advise people to go to their doctors”.

Yet, I’m not really interested in these not infrequent outbursts at present. It is the calculated hammering of Australian Skeptics as being involved in the removal of choice, or suppression of free speech. These accusations are of course, untrue. Skeptics may seek to change minds with evidence. Yet using abusive or oppressive means of argument (evidence based or not) will drive people away, not leave them thinking.

Many requests for transparency on this point have been sent to Ms. Dorey. Most SAVN members and administrators are not associated with Australian Skeptics or the skeptic movement. Today it may function like a small organisation but time is given voluntarily and funding is from the pockets of a core group of members. SAVN does not accept any funds or readily collect donations despite claims to the contrary from Ms. Dorey:

The big question is why put so much focus on persecution? Surely the way to silence critics is just to knuckle down and get to work. Produce this “medical literature” that supports rejection of vaccine efficacy and safety. Yet there is none. Therein lies the problem. Challenging Meryl Dorey with hard evidence and arguments that undermine her claims will always be met with silence.

It is far better for her to define her apparent worth by inventing malignant intent in others. This is exactly what we saw in the lead up to Woodford. Time and again this specter of a well funded sub-group of Australian Skeptics who insist Aussies have no right to free speech was raised.

As critics of George W. Bush learned the hard way, calls for evidence and reason fall on many deaf ears when supporters are convinced an enemy is working toward obscure ends. The claim that Australian Skeptics invest significantly in opposing the AVN as part of a larger plan to impose skeptical views upon society and remove individual choice, serves admirably to draw attention away from the reality.

As for defamation, that does pose a fascinating intellectual exercise. Defamation in Australia focuses upon the individual:

You can defame someone if you say something false about them which spoils their good reputation, which makes people want to avoid them or which hurts them in their work or their profession.

Regarding organisations:

Under the old system of individual state laws, almost anyone or any organisation or company could bring an action for defamation. However, under the Uniform Defamation Law, corporations with 10 or more employees cannot sue. However, be warned that individuals or groups of individuals employed by or associated with that corporation – such as company directors, CEOs or managers – can still sue if they are identified by the publication.

Not-for-profit organisations can still sue for defamation, no matter how many employees or members they have.

Perhaps Meryl Dorey had the foresight to sketch out her defence against being defamatory long ago. From page 10 of the AVN reply to the HCCC, is this part of her reply to Mr. McLeod’s query on free speech:

The High Court has determined that any common law or statutory remedy for defamation may not be granted if its exercise would infringe upon the freedom to discuss government and political matters that the Constitution impliedly requires.

Further, the courts have found that a statute that diminishes the rights or remedies of persons defamed and correspondingly enlarges the freedom to discuss government and political matters is not contrary to this constitutional implication. The common law rights of persons defamed may be diminished by statute but they cannot be enlarged so as to restrict the freedom required by the Constitution.

This means that all statutes (whether state or commonwealth) that purport to define the law of defamation are construed so that they conform with the Constitution. Where such provisions are inconsistent with the Constitution, they are invalid to the extent of that inconsistency.

The ego is breath taking is it not? From so important as to lord over the law of the land to so persecuted the nasty skeptics seek to stop her speaking. Dorey manages it all.

So, the “why” is rather clear. Inventing persecution at the hands of “the skeptics” makes this an emotional issue. It fires up other people who aren’t aware of all the facts. It fills valuable time during which Dorey may be questioned about evidence. It draws conspiracy theorists like Tiga Bayles and Helen Lobato out of the woodwork, eager for a sample. Wonderfully, it gives them someone to blame.

It gives false credence and a reason to hearing her speak. It eliminates her having to explain a massive litany of misconduct and financial mismanagement to her members. It gives a senseless reason to members to run to her rallying call. It breaks down critical thought in followers and propagates simple reaction. They need not know why they are acting, only who they are acting against. And that requires very little effort on Dorey’s part.

“The skeptics say white. Go forth and say ______”.

Audio out-take from 3CR with Helen Lobato December 2011.
Let’s Talk with Tiga Bayles, December 19th 2011.
December 29th 2011 at Woodford.

Download MP3

Woodford Flyover aerial banner: Funded by private citizens – not Australian Skeptics

10Jan2012

Vaccine Myths Celebrate 2012

Posted in Alternative "medicine" scams, Big Placebo, Denialism by Paul Gallagher

“Tonight I’m gunna party like it’s 1899”

As the clock ticked toward midnight a couple of nights back I received a knock on the door from a very strange character indeed.

Standing on the door step was a heavily robed individual whose face was completely shadowed by a large hood. A cloud of foggy mist seemed to hang about his personage (I assumed it was male), along with a strong moldy smell and for a moment I was lost for words. All that was lacking to fit the role of Death, was the scythe. He thrust forward a rolled parchment tied in strands of old rope and sealed with a bright red wax seal.

I peered at the seal which seemed to read Castle Cockamaymee, then back at the visitor. He nodded at the parchment and extended an arm with a huge sleeve from which poked a cadaverous finger. He wiggled it as if to say get on with it so I broke the seal and the rope strands fell away. I unrolled it and with growing delight read the text:

Dear Paul,

You are invited to Vaccine Myths New Year Celebrations at our stronghold in Middle Earth.

Your guide Byron, has entered through one of our temporary trans-dimensional space time portals to hand you this invitation. Please feel welcome to follow him back through said portal, at which point you will arrive at your destination.

Venue: Realm of Mythology’s Castle Cockamaymee, Middle Earth.

Time: Meaningless.

Byron? Anyway…

It was signed by all nine vaccine ringwraiths, led of course by Sir Vaccines Cause Autism and Vaccines Contain Mercury. Slayed by Dr. Rachie with Science at the momentous Battle of Castle Mamamia they had since regenerated many times. Then there was a host of other signatures including the deep impression left by the powerful hand of Big Pharma Myth. I was particularly pleased to see Improved Living Standards Wiped Out Disease in a steady hand. Last I’d seen of him was on October 25th just before Meryl Dorey’s Supercalifragilistichomeoprophylaxis Tour of W.A. He was quite unwell and eventually collapsed a shrivelled, dead husk starved of proper retelling and poisoned by attempts to support him with pseudoscience.

Vaccine Myths are, to state the obvious, myths. It is through the telling of these Myths and belief in them that they source their life essence: The Power of the Burning Stupid. Attempts to turn a myth into reality through bogus means and false claims of evidence is disastrous. More than any other Myth, Improved Living Standards has struggled with attempts to nail him down with junk science. Mainly antivaxxers using reduced mortality figures that followed improvement in sanitation to fallaciously claim a drop in disease itself. Bogus, doctored graphs needlessly tacked onto a retelling have taken their toll over and again. More than a few times skeptics have saved him from oblivion.

Of course Vaccine Myths can be regenerated at any time, provided human beings radiate enough Burning Stupid and retell the specific Myth. What we here tend to call lying. I could certainly hazard a guess or two at where Improved Living Standards had sourced the Burning Stupid to regenerate. Usually philosophical about this, Vaccine Myths will fight for their survival against what they call “broken humans”, who are those antivaxxers we deem completely insane. Broken Humans are void of the Burning Stupid tending to radiate pure malignancy along with copious amounts of deadly bogus “evidence”.

For these reasons Vaccine Myths, which technically don’t exist, resemble long-dead, recently exhumed medieval knights, armed to the teeth but with delightfully unique personalities. Having chatted quite a bit with Sir Vaccines Cause Autism, I’ve become rather fond of his calm, capable, non confrontational approach to things. As I followed Byron toward a misty cloud a few meters down the road I reflected on Autism’s impeccable manners and suave disposition.

Knighted for services to the Realm of Mythology in sustaining the Power of The Burning Stupid, he was quite embarrassed about all the fuss, preferring to keep on with his huge workload. Fiercely dismissive of false myths and an outspoken critic of Meryl Dorey he’d been kind enough to outline to complexity that goes into choosing a new Vaccine Myth or a simple Lie. Byron reached the mist, turned and beckoned with his finger in the universal language “Follow”, then promptly disappeared. I stepped into the mist expecting a sort of Star Gate experience.

Yet within a step I was standing in sunshine a few feet from an enormous wooden gate reinforced with steel bands and studs that rose hundreds of feet above me. I thought FaceTime was cool, but Space Time had advantages. To my right and left huge hewn stone walls, much higher the the gate followed the terrain for thousands of meters. It was topped with battlements, some of which protruded outwards in arcs for 30 meters or so, dotted with huge merlons, watchtowers, archery and observation decks. Massive iron framework could be seen attached at strategic intervals the purpose of which was lost on me, beyond exploiting gravity for some hellish bone crushing, brain splattering, boiling oil spilling purpose.

Thousands of arrow loops and rectangular ports dotted the wall. Deceptively small, I knew from ancient castles and defensive walls in our dimension that each opened into a huge funicular recess running through the wall giving archers ample room to move and depending on height hundreds of square meters of target range. All this for protection against the many Enemies of Reason, Sir Vaccines Cause Autism had once explained to me. Dark forces here were devoted to turning Myths into perceived reality with junk science thus ushering in the Age Of Darkness.

Their minions – slaves and soldiers – looked for want of a better description, like Orcs. I looked around and was amazed to see hundreds of corpses in various states of decay and dismemberment. It was close to freezing and patches of snow and ice lay across the ground. They could have been here for days or months. These Orc-like creatures were similar but could be discerned by uniforms under their armour. Antivaxxers dressed like Andrew Wakefield and were endowed with large silicon breasts like Jenny McCarthy and tangled, unwashed hair like Meryl Dorey. They had accents like Viera Scheibner. Many had monkey heads and wings. A rotting sign lay near a flying monkey corpse. It read “Open ze gate or zoon you vill be drownink in de mercuree”.

Chiropractors and reflexologists wore white coats and used large shields with anatomical signs and impossibly dumb claims on them. Creationists carried bananas, rode giant crockoducks and had hair like Baptist ministers. TCM practitioners had Rhino horns protruding from their heads and carried bags of useless herbs. Acupuncturists had needles protruding from their hideous faces which they probably plucked out and shot with tiny little cross bows that they carried. I lost count of how many corpses were dressed like the Pope and covered in Holy Bling. The Aura readers wore psychedelic robes. Crystal healers shot crystals with sling shots. New Age diagnosticians were clad in flashing LED’s and meaningless printouts. Theta healers reputedly frowned at the walls and yelled “Quantum” periodically.

The homeopath soldiers were the most pathetic though. They supposedly spread themselves so thinly it was impossible to detect any. Rather than attacking the defences they believed they could win by attacking themselves in small doses. The smaller the more deadly. Some would cut off a finger or gouge out an eye. Highly trained veterans might sprain an ankle. Their Elite Forces attacked in groups of one brandishing a shaving cut. They believed just a memory of them attacking was sufficient to get results.

Looking at these corpses and carnage, the more I thought about it the more I realised it was a perfect analogy to our own struggle between science and woo. Uncaring beneficiaries misled wave after wave of misguided but loyal minions who then suffered the real consequences. Eventually Byron flicked his finger at the gate as if to say get on with it (again) then wandered off down along the wall, nimbly hurdling the disproportionate armour covered breasts of a prostrate antivaxxer corpse. Just then a small door opened in the gate and I wandered inside.

It was an incredible spectacle. An entire medieval city faded into the distance in a display of colour, architecture, sound and smell. An elderly cadaverous looking gentleman standing nearby introduced himself as Butter is good for burns, and said he’d guide me to the Ballroom, situated in the original Castle Cockamaymee. As we walked along winding pathways he pointed out the various Halls of The Realm of Mythology. Each alternative to medicine was separately represented here as an “alternative medicine” Myth.

The Divinity Campus was huge, encompassing countless Myths and staff. Butter is good for burns informed me that a recent addition in the Creationist Myth faculty was an entire building devoted to tackling Intelligent Design. This bogus “evidence” threatened Mythical retelling and thus the various Creation Myths themselves. Apparently however the sheer power of the Burning Stupid given off by those who accepted ID was unprecedented. Divinity scholars were hard at work researching exactly what was best for Myths.

Butter also made a point of telling me that Theta and Quantum Healing were new faculties not heard of “back in my day”. He said that with such finality that I assumed he may not have long left. Eventually we came to a building large enough to be called a castle in it’s own right.

No doubt the original Castle Cockamaymee around which the city of Castle Cockamaymee had grown. Huge walls and a large slope, now covered in grass testified to it’s original defensive purpose. Butter led me up a huge winding staircase that went on and on crossing huge galleries, passing cavernous hallways and massive doors.

Eventually we seemed to reach the top and he used a huge steel knocker to bang on the door, then excused himself heading off downstairs.

A moment later the door swung open and I was greeted by what I assumed was a younger relative of Sir Vaccines Cause Autism. Just as I recognised the familiar weapons and medals of gallantry he announced, “Ah, wonderful wonderful and well met young Paul. Delighted you could come. Do come in dear chap. Things are just getting under way”, he beckoned with a flourish of his robed arm.

I was astonished. Rather than the usual mummified corpse, he looked quite fresh. Almost alive. “Thank you Sir Vaccines…“.

“Just Autism, dear chap. We can dispense with titles also. Now don’t be too surprised at the state of everyone’s regeneration. There’s been quite a bit of Vaccine Myth retelling at your end and loads of the Burning Stupid. What with the reaction to the immunisation incentives, followed by Dorey on radio, upheld complaints, followed by more interviews before that Woodford business and then the Woodford Festival itself, we’re jumping out of our skin. And it just keeps coming. Delightful! Now come and say hello to…”.

Before he could finish a voice yelled out “Paulie, Paulie, Paulie!”, and a tanned fellow dressed in tennis gear came hurdling furniture and dodging party goers toward us. As he came up I could recognise Improved Living Standards, Not Vaccination Wiped Out Disease. I couldn’t believe this was the same dead and shrivelled husk from a few weeks back.

“Thank Stupidity for Judy Wilyman and Meryl Dorey. Look at what Wilyman wrote to Nicola Roxon following the Immunisation Incentive change in late November”, he gushed excitedly. This is point one in her letter – point one!”. He held up his iPhone and I read:

There is no historical evidence that vaccines controlled any of the infectious diseases listed in government immunization policies – in any developed country.

“It even sounds a bit ambiguous but I’m the only Myth that comes close… and we know it’s one of her core beliefs, so Bam I was on my feet in no time. Then it kept getting retold and believed over and over again. Then Dorey said the same thing on Facebook trying to use the mumps outbreak as proof and then next she’s on 3CR before Woodford. Listen to this!”, he offered passing me the ear buds and tapping his iPhone screen. Sure enough, there was Dorey’s voice saying:

A lot of the credit that’s been given to vaccines for the decline in deaths and infectious diseases has nothing to do with vaccines. Because it all happened before the shots were introduced. Engineers did more to improve the health of Australians than doctors ever have.

“And of course, this is all in the governments own data she reckons. It’s awesome. I’m thinking of changing my name to Engineers did more to improve the health of Australians than doctors ever have, but it’s a bit long. Oh! I mixed it up with some rap also, so I can groove around the place. Have a listen”:

DoreyRap.mp3

“Anyway, tonight I’m gunna party like it’s 1899”, he laughed. With that he high fived me, and boogied back into the party crowd. Autism smiled and said, “He’s been like that for days now but will soon calm down. Vaccines Contain Mercury is anxious to catch up. He’ll be by the fire if I know him. The nights get pretty chilly around here”. On the way down we bumped into Vaccines Have Never Been Tested chatting with My Child’s Immune System Will Be Overwhelmed. They introduced their lady friend Vaccine Lies as High Pitched Crying and Hepatitis B Vaccine Kills. All looked in great health and we spent some time discussing the intricacies of vaccine testing and the many hundreds of immune system insults children get each day just from putting hands in mouths and going about their business.

My Child’s Immune System Will Be Overwhelmed wasn’t looking his usually nervous self. Autism explained that this was because meningococcal C, pneumococcal and varicella would be part of the full immunisation assessment from July 2013 and that MMR would be replaced with Priorix-Tetra, a quadrivalent vaccine for measles, mumps, rubella and varicella. So whilst the Myth itself was still pathetic, Overwhelmed wasn’t taking it personally and expected quite a lot of retelling. Plus Dorey was on air recently now claiming children receive 50 vaccines before school. We mingled on chatting with the crowd, enjoying the fare. By now the party was in full swing.

Infectious Diseases Are Harmless and Children Should Get Them and his friend Vaccines Actually Cause The Infectious Disease They Should Prevent had no doubt had a few wines, but were engrossed in a fascinating philosophical discussion. Antivaxxers believed in both Myths. Thus, if Diseases Are Harmless (even good as many claimed) was believed then surely there could be no problem with Vaccines Cause Disease – quite the opposite in fact. Similarly, if Vaccines Cause Disease was believed, then this was a bonus for the belief in Diseases Are Harmless or Good. By logical extension on one hand, if children were meant to get the diseases, then vaccines would be the surest way to reach this goal.

On the other hand, if vaccines causing disease was a reason to not vaccinate then this denied the children from wonderful diseases such as “Melanie’s Marvellous Measles“. Clearly they seemed to cancel each other out. Which couldn’t be true as they were both here in the Realm of Mythology, existing under the power of frequently told Myths. A large crowd had gathered around following the discussion intently. They told us the two had already discussed whether one Myth was more mythical than the other, or if one could possibly cancel out the other slightly more.

Scribbled on a piece of parchment was the famous 60 Minutes statement. “So, vaccines are dangerous, and diseases are good”, to which Viera Scheibner had answered “Exactly”. They’d decided that as each Myth made up an equal half of this statement and it was “exact” in an antivaxxers thinking it was proof they were equally valid. Which brought them back to square one. Now they were discussing the impact of human stupidity, posing various ways it might be measured. Sir Vaccines Caused Autism looked on with pride and whispered, “They’re doing well… for non-existent entities of course. Once they work out that human stupidity is infinite and can’t be measured they’ll soon have their answer – even if it takes weeks. Er.., no offence of course dear chap”.

“None taken my friend, none taken”, I replied quietly. “Once they work it out I imagine they’ll be just as shocked as delighted at the sheer glare of the Burning Stupid”. We started to move away as Autism grinned and almost bumped into a magnificently regal and ancient looking character. He took a step back, removed a large hat and offered a sweeping bow speaking in what sounded like a German dialect. Viennese? Austrian? A bit of both? Could it possibly be..?

“Ah Paul”, offered Autism, “May I present my good friend and Peer of The Realm, Sir Water Has A Memory, who holds a similar position to mine in the faculty of Homeopathic Myths”.

Gobsmacked for a moment, I stared at his deep blue vest and purple cape, both etched with golden thread then at the glittering jewels on his sword handle, scabbard, belt and fingers. Eventually I composed myself and managed a bow of sorts. Memory offered a few pleasantries in English and at that moment a younger looking Myth wandered up. “Excellent, excellent I hoped you’d be nearby”, Autism said to him. “Paul may I introduce Homeoprophylaxis, one of our few dual faculty members here at Castle Cockamaymee“.

Homeoprophylaxis shook my hand and extended a warm welcome in a Cuban accent. We stood about chatting and laughing at human stupidity for a while. Both Memory and Homeoprophylaxis were very keen to find out about the progress of the bogus claim that Quantum Physics would one day explain homeopathy. They were delighted to know their Mythical status was not only quite safe but that Theta and Quantum healers had now started using the same excuse. We left them dancing a jig and singing in Cuban and Viennese.

Before I knew it we’d made it to the fire place, which was roughly the size of a garage door. Lounging about in chairs were Vaccines Contain Mercury, Vaccines Contain Toxic Ingredients and Vaccines Don’t Work Because Kids Still Get The Disease, and a host of female Lies. One gracious looking mummified female wandered over and Sir Vaccines Cause Autism introduced her as his wife the good Lady Pervasive Developmental Disorder Is The Same As Autism. No doubt Lady PDD had copped a large dose of regenerative vibes from Woodford, and looked almost as fit as her husband.

Vaccines Contain Mercury seemed to be holding Court over the group, many of whom were toking on a large hookah pipe he kept topping up with hashish and cannabis. Known for his signature reefer Mercury took the view that being dead and non-existent must allow for some vices. He gave me a laid back wave. “I see you met old Shit and Sugar“, he said to laughter referring to Sir Water Has A Memory. “But seriously – lovely chap and dearly loved he is. Come and join us. We’re just discussing topics for this years AGM. My Children’s Immune System Will Be Overwhelmed looks set for a new workload and young Pertussis over there (I waved to a new face) is certain to be approved by the committee as a new Myth. The only issue is which Myth. Bad Cough? Vaccine doesn’t work? Vaccine causes pertussis? Vaccine kills babies? Man, it’s enough to do ya head in”.

Just then a cheer went up and we counted down to midnight. As soon as the cheering, back slapping and kissing of mummified corpses finished a slow chant began. “Pharma, Pharma, Pharma…“, it continued until the muscular and armored physique of Big Pharma Myth leaped on top of a table to thunderous applause.

He was holding a microphone in his massive hand and from somewhere the tune of Mary Poppins’ Chim Chim Cher-ee came from an amplifier.

I joined in the applause as I realised what was going on. Big Pharma had toured with Meryl Poppins during the Supercalifragilistichomeoprophylaxis Tour of W.A. singing the Conspira Conspira Conspira-see duo. He waited for the right moment then started singing in his baritone voice:

Conspira, conspira, conspira-see – I’m evil and wicked and quite darstardlee

Conspira, conspira, conspira-roo – Bad luck will rub off, when I shake ‘ands with you

We tells you people we do things so pure – But in truth we hide, the real cancer cure

Conspira, conspira, conspira-see – You take all my drugs, I take your money

Flying about in me luxury jet – I pull the lever, and it’s chemtrails you get

We seem to work very ‘ard, travelling miles – But in truth we are, shape shifting reptiles

Conspira, conspira, conspirasee – I am just a slave to Malignancy

We tell you we do lots of randomised trials – But just sit around and twiddle some dials

Our ads and our packets are all really slick – But it’s all just designed to keep people sick

Everybody! Conspira, conspira, conspirasee…

Soon the whole place was jumping and different Myths and Lies took turns with the microphone. At one point I found myself dancing with Vaccines Contain Mercury who, reefer in hand, seemed to have mastered a style that combined Square dancing with trying to stamp out spot fires. A few good natured sword fights broke out but of course no-one could get hurt. Improved Living Standards was back dressed in traditional garb thoroughly enjoying himself. I was particularly impressed with the voice of one young Vaccine Lie who I later found out was Doctors Don’t Report Adverse Reactions. She had the crowd in the palm of her hand. Homeoprophylaxis himself looked smitten as she sang:

Supercalifragilistichomeoprophylaxis

If you say it loud enough you ignore there is no praxis

Um diddle diddle diddle um diddle ay

Um diddle diddle diddle um diddle ay

Supercalifragilistichomeoprophylaxis

When your patients are all dead blame oxygen atom’s axis

Um diddle diddle diddle um diddle ay

Um diddle diddle diddle um diddle ay….

Slowly the night wore on and morning was approaching. I spent the better part of an hour chatting with Autism and Mercury about their early years together. It was easy to see why they were such firm friends. Mercury was furious about Dorey’s recent attempts to promote bogus and fraudulent nonsense to argue vaccines actually do cause autism. “It’s not just you”, he stressed to his friend, “But Lady PDD’s ontology has now been openly threatened by that ridiculous travelling side show”.

“I’m quite fine and so is my good wife and you know how I feel about fuss”, replied Autism. “Which reminds me, we have a sunrise breakfast to share. Paul, it’s been a pleasure once again. You simply must come back for the AGM dear chap, and no I won’t hear of any excuse. We do have time portals after all. How was the journey over? We thought you’d prefer it to our usual choice of coffin or sarcophagus”.

“Awesome… I mean, very comfortable. Quite suitable”.

“Wonderful then. It’s almost time for you to leave, so until next time I’ll be off and bid thee both farewell”, said Autism embracing Mercury in a brotherly hug. With that he headed for a side door and was gone. Mercury was rolling up another reefer and nodded toward the balcony door. I bade farewell all those who were still around (Big Pharma almost broke my hand in a bone crushing shake) and followed Mercury out into the freezing air. “So, what do ya think of the pace?”, he asked.

Words failed me. The sun was coming up and the view was magnificent. It stood to reason that as this was the original castle it was on the highest ground, giving an extraordinary view of the city below. Off in the distance I could see snow covered mountains. On the walls guards patrolled with one or two shooting an arrow or releasing some flaming debris from a catapult.

“It’s breath taking. Never seen anything like it. Is there some sort of battle or war or…?”.

“Battle?!”, Mercury sounded shocked. Nah. Just business as usual. Man, when there’s a battle they’re piled five deep down there. During the warmer months. Now we’re just keepin’ ’em honest as usual. Poor buggers – you’ve seen the different types, yeah? Dyin’ for every stupid pile of bat shit nonsense known to Myth. Lied to by the scum riddled creatures who dream up this madness and hope to profit from it”.

“Sounds familiar”, I replied.

“Indeed. And without you guys who knows what could happen here. Seriously dude. Give our regards to all at Stop The AVN and all the others standing up for science and reason. The more rational your world, the safer The Realm of Mythology. We’re in your debt… what with us not actually technically existing and all. But a Fact is a Fact and a Myth is a Myth. I think the universe prefers it that way”, he said gazing distantly at the sunrise. I was about to agree but thought better of it. Things seemed quite perfect for a moment.

Soon we noticed Byron hovering around a cloud of mist. “Ah. Here’s your ride”, joked Vaccines Contain Mercury. He shook my hand and slapped my on the shoulder. I wandered up to the mist. Byron pointed at my pockets and at the side of his head with his bony finger. Oh! I realised he meant keys, wallet, phone…

“Yes, all good”, I said. Byron nodded and stepped back out of my way. I turned to look back at the heavily armed semi-mummified knight.

“It’s been real man”, Vaccines Contain Mercury said pointing at me with two fingers clasping what was left of his huge reefer.

With that I stepped into the mist and vanished from the Realm of Mythology and the best non existent party I’d never been to.

24Dec2011

Second ABC complaint upheld: Meryl Dorey “distorted and selectively presented information” on pertussis vaccination

Posted in Anti-Vaccination Lobby, AVN, Denialism, Health, Immunisation, Legal, Media, Meryl Dorey, Scam by Paul Gallagher

Unfortunately, she (Meryl Dorey) added little and took the opportunity to promote a case against the use of the pertussis vaccine based on distorted and selectively presented information.

ABC Audience & Consumer Affairs, December 19th, 2011

Readers of musings and mumblings here may remember a look at one Meryl Wynn Dorey’s “ABC of immunisation lies“, following Nicola Roxon’s Immunisation Incentive announcement.

Ms. Dorey kicked off deceiving Terri Begley’s audience on Mornings, November 25th on ABC 612. As covered by reasonablehank in ABC Complaint upheld – Meryl Dorey “disingenuous” and “added little” with “unsubstantiated claims”, a complaint was lodged and upheld by ABC Corporate Affairs.

In the afternoon Dorey popped up again on ABC 666 Drive speaking with Louise Maher. Again she seized the opportunity to launch into rapid fire fiction on pertussis infection and vaccine efficacy. This trick has been picked apart a few times here. So, I shot off a long complaint with references, tables and tactics laid out. To my delight the dedicated folk at ABC Audience and Consumer Affairs waded through it and the complaint was upheld. With their permission I’ve copied the response below.

The only other point (related to media correspondence) I’d like to cover is that I also sent a synopsis of Dorey’s pertussis and autism tricks to Tiga Bayles prior to her appearance on his Let’s Talk show. It had my name, phone number and email address. He didn’t raise any of the points as Dorey recited exactly what I’d warned him she would, choosing to feign surprise and smooth her path. He did however mention “the haters” and “sad small-minded people” who “hide behind anonymity too”.

Dorey agreed that her opponents were “cowards”, members of a “hate group” and guilty of a range of lousy transgressions, primarily around suppressing free speech. Without sounding too small minded, I did feel this was most unhelpful on Tiga’s part. Others also wrote openly to him and still more had articles published on widely read publications, such as The Drum and Mamamia. Meryl Dorey’s critics are not anonymous.

With that out of the way, we can enjoy knowing that both of Dorey’s appearances on ABC on November 25th have resulted in upheld complaints.

Reprinted with permission of ABC Audience and Consumer Affairs.

Dear Mr. Gallagher,

Thank you for your email of November 27 concerning the interview of Meryl Dorey conducted by Louise Maher on radio 666.

As your correspondence raised concerns of misleading and inaccurate content, your email was referred to Audience and Consumer Affairs for consideration and response. The unit is separate and independent from ABC program areas and is responsible for investigating complaints alleging a broadcast or publication was in contravention of the ABC’s editorial standards. In light of your concerns, we have reviewed the broadcast and assessed it against the ABC’s editorial requirements for accuracy, as outlined in section 2 of the ABC’s Editorial Policies: http://www.abc.net.au/corp/pubs/edpols.htm. In the interests of procedural fairness, we have also sought and considered material from ABC radio.

On Thursday November 24 Louise Maher spoke to the ACT Chief Health Officer Dr Paul Kelly about a measles outbreak at a Steiner school in the ACT. The following day she looked at the government’s announcement that day that from July 2012 up to $2100 of the family tax benefit per child will be conditional on a child being immunised, and spoke to Dr Julie Leask, from the National Centre for Immunisation Research and senior lecturer at the School of Public Health at Sydney University and Meryl Dorey from the Australian Vaccination Network.

The program team believed that Ms Dorey would have something to add to the discussion about the Government’s initiative. Unfortunately, she added little and took the opportunity to promote a case against the use of the pertussis vaccine based on distorted and selectively presented information. As this was not anticipated, the presenter was not in a position to effectively challenge Ms Dorey’s assertions. To her credit, Ms Maher recognised this and acted to get expert advice to air from the Chief Medical Officer of the ACT.

That interview was ultimately aired on the following Monday. The effect of that delay was to potentially mislead listeners about the effectiveness of the pertussis vaccine. This was exacerbated by the fact that the introduction to Ms Dorey did not adequately contextualise Ms Dorey’s comments by informing listeners that she is a campaigner against vaccination who has no medical qualifications and her organisation has been the subject of a warning by the NSW Health Care Complaints Commission for providing misleading information to the public.

Notwithstanding the team’s efforts to address claims made by Ms Dorey, it is our view that she wasn’t introduced with sufficient context to ensure listeners were not misled by her unsubstantiated claims.

Radio management apologises for this lapse. It advises that it will again communicate to radio staff the importance of providing listeners with all relevant context and information when presenting controversial and potentially dangerous viewpoints – particularly if they propose to interview Ms Dorey again.

Accordingly, Audience and Consumer Affairs conclude the broadcast was not in keeping with the ABC’s editorial standards for accuracy as outlined in section 2.1 of the ABC’s Editorial Polices. Please be assured that your comments and this decision have been conveyed to ABC Radio management and the producers of the program.

Thank you for taking the time to write; your feedback is appreciated.

For your reference, the ABC Editorial Policies are available online at http://www.abc.net.au/corp/pubs/documents/codeofpractice2011.pdf

Should you be dissatisfied with this response to your complaint, you may be able to pursue your complaint with the Australian Communications and Media Authority, http://www.acma.gov.au.

Yours sincerely

(redacted)

Audience & Consumer Affairs

Louise Maher receiving “distorted and selectively presented information” on the use of the pertussis vaccine:

MP3 file for download here.

22Dec2011

Are Meryl Dorey’s critics really against free speech?

Posted in Anti-Vaccination Lobby, Health, Human Rights, Legal by Paul Gallagher

Well, they’ve (The Australian Skeptics) actually said it. It’s been said several times. We don’t have freedom of speech in Australia. Many of them have said that and I have quotes on the internet, you can see it.

Meryl Dorey speaking to Tiga Bayles on Let’s Talk 98.9 FM, 19th December 2011

Meryl Dorey has never been one for facts. Recently her claim that her critics, “say that we don’t have freedom of speech in Australia” (Let’s Talk transcript), has lurched into full gallop. It’s always been around as a demonstrable distortion of documented facts, which I’ll get onto. It pops up on Facebook during tirades to fellow members or on her website posts where it sits in competition with “health fascism”, how “disease mongering” is profitable, that the pharmaceutical industry is in “a secret pact with mainstream medicine” or stupidly comparing herself to the bogus “Lord” Monckton.

Those of us following Woodford Festival’s ill conceived decision to host this threat to public health as an “expert” on such a crucial health topic as vaccination, will be familiar with the “free speech means free pass” argument. Dr. Rachael Dunlop made the following observation writing on ABC’s The Drum:

The argument that has been circulating in favour of letting Dorey speak at the festival has been one of free speech. But this is not about free speech.

Dorey is entitled to voice her opinions but not her own facts. And when a public health warning has been issued about her information, it is the responsibility of the festival organisers to make people aware that she is not an authority on vaccination, that her information has been deemed misleading and she does not support you getting your kids vaccinated.

You could argue suppressing my right to yell “fire!” in a crowded cinema is also about free speech, but when people’s safety is at risk, common sense must prevail.

We’re also entering the 5th year of a pertussis epidemic which began in Ms. Dorey’s hunting grounds and from there spread across Australia. The festival attracts lovers of alternative thinking who can only be harmed by Ms. Dorey’s manipulative diatribes. As such, the organisers of Woodford Festival made an extremely poor, ignorant judgement call and are now complicit in risking Australian health.

Dorey’s talk and opposition to it have little to do with free speech. As I contended recently, her track record of scams, misappropriation of funds, exploitation of members, copyright abuse, lying to the media and much more reveal a cowardly bottom rung con artist who makes an easy living by misleading Aussie citizens and authorities. Her disdain for our laws and insult to our intelligence is blindingly obvious. Charity fraud (including misappropriation of business names), copyright abuse and non compliance with health authority legislation/regulation carry feather touch penalties.

The other fairly outrageous caper I find irksome is how Dorey lies to those who lend support. Those who trust her to tell the truth. She’s a convincing speaker, making her victims easy game. This angle to her grossness literally blossomed as Dorey took Tiga Bayles for a goose, abusing his not insignificant ignorance and blind trust almost ferociously. Tiga simply believed what she said and replied accordingly.

In a sad turn of events Tiga is denied any facts and quickly made the fool. By show’s end he’s almost worshiping at Dorey’s feet, convinced she is fighting “the haters”. Added to this is the sheer volume of effort given by Meryl Dorey toward misleading Tiga about her critics. If she has such a vital role to play in promoting “informed choice”, can’t she just knuckle down and get on with it?

Putting the AVN aside entirely, I always find it a bad sign when one agent has to define their own qualities by highlighting what are supposedly negative qualities in an opposing agent. For Meryl Dorey, the libellous and slanderous attacks on her critics have now become an indispensable binary dance of her own making.

Scarcely moments into the show Dorey misleads the audience and once again leaves little doubt as to why she must be challenged and held accountable:

We have the Health Minister in Queensland saying that it’s nonsense to look at the other side of the vaccination issue. And the National Health and Medical Research Council, which is the government body that’s involved with this, says that you have to be able to make an informed choice. So all we’re doing is trying to support what the National Health and Medical Research Council says, and allow people to make an informed choice. If doctors and the government were doing their job, we wouldn’t even have to be here. I could be off having fun with my family and instead I’m sitting here working. [….]

…. but there is an organisation called the Australian Skeptics, and they set up about three years ago a sub-group called “Stop the AVN”…. They just think everyone should vaccinate, just listen to your doctor, nobody who is not a doctor is able or has a right to talk about this information…. And they say that we don’t have freedom of speech in Australia, which is not correct. [….]

But people need to be aware of what vaccines they are giving their children, why they’re vaccinating and how effective and how safe the vaccines are. And this organisation, Stop the AVN, says you’re not entitled to know that. And I think that people should be aware that there is such a strong push, from a very small section of the community, to stop them from being informed.

All of this is false and Dorey knows it to be. If SAVN are recommending listening to one’s doctor, how can they also say people aren’t entitled to know “how effective and how safe the vaccines are”? That’s exactly what critics of vaccine deniers wish people to know. The show transcript is a cornucopia of infuriating lies, and we need to expose the genesis of Dorey’s musings on opposition to free speech. However, it must be said clearly that linking Stop The AVN with Australian Skeptics actually occurs only in Meryl Dorey’s mind.

SAVN was set up by a private individual after Meryl Dorey harassed the grieving parents of an infant who died from pertussis. Dorey demanded access to the infant’s medical records and contended that Paul Corben, Director of Public Health at the North Coast Area Health Service misled the public by confirming a pertussis fatality. Corben wrote to the family:

Ms. Dorey called me on the 12th of March seeking details of your daughter’s illness and death… Ms. Dorey contended that I had misled the public in attributing your daughter’s death to pertussis.

Despite Corben’s clear email to this effect Dorey simply denies it. What ensued was a vindictive letter writing campaign and visits to family members by AVN intimates. It was not until The Australian Skeptics awarded Ms. Dorey the 2009 Bent Spoon Award for the traditional annual celebration of the perpetrator of the most preposterous piece of paranormal or pseudo-scientific piffle, that Dorey’s hatred for all things skeptical was unleashed. Perhaps Meryl has difficulty accepting just how many critics she has. Yet I suspect painting this picture of a looming enemy is not only compulsory for conspiracy theorists, but far easier than providing evidence.

Dorey continued to mislead Tiga regarding free speech:

Tiga: […] And it’s our right as parents and family members to be making free and informed decisions, and give free and informed consent, if we disagree.

Meryl: They disagree with what you’ve just said. They say we don’t have freedom of speech and you don’t have a right to say no.

Tiga: And by the way, Phil said, no the skeptics don’t tell lies, well, he didn’t say they don’t tell lies, he said they don’t say there isn’t any freedom of speech, they might imply that.

Meryl: Well, they’ve actually said it. It’s been said several times. We don’t have freedom of speech in Australia. Many of them have said that and I have quotes on the internet, you can see it.

Tiga: But even to imply it, Meryl.

Meryl: Well, it’s more than implication because they actually have said that.

A caller, Phil, had quite honestly said that it may be implied (as Dorey is doing) that freedom of speech is opposed by those who object to demonstrable falsehoods capable of harm, being voiced without contest. Here’s the exchange:

Tiga: And the skeptics… is it right then what Meryl… was Meryl correct when she said the skeptics say that we don’t have freedom of speech. Is that something the skeptics would say? In this regard?

Phil: Well, it may be implied. But this isn’t a freedom of speech issue.

Tiga: But it may be implied, Okay.

Later Dorey and Tiga excel themselves:

Tiga: What are these people, like governments, doctors, Stop the Australian Vaccination Network, the skeptics, what are these people when it’s controlling, and the haters that are out there. What’s the difference, probably even much better off under a communist system.

Meryl: That’s right. There isn’t any difference. And Stop the AVN is a hate group. They definitely are. They act like a hate group, they’re abusive, they’re bullies. So, yeah, I agree with you 100% with what you’re saying and it’s anti-democratic. You know, in a democracy we do have this right to choose, we do have the right to speak, so anyone who says we’re not is not democratic, and I think we all want to live in a democracy.

I recommend browsing the transcript. Or you may download the entire 45 minute audio here (or listen below) and make up your own minds about pre-show collusion, Tiga’s arguably conspiratorial anti-medicine beliefs and Meryl’s hilarious claims that she doesn’t lie nor object to the position of doctors defending vaccination. There’s monumental abuse of indigenous health realities from both sides. A few moments of listening hint that Tiga is far too proud to ever admit what a fool Dorey has made of him.

So, what is the source of Dorey’s claim that her critics would deny free speech? Would any academics or critics seriously advance such a primitive notion? Is Dorey cognizant of perhaps a different reality, that exposes this position as an intentional lie? Or could she prove (as intimated) that critics of anti-vaccination propaganda, “say we don’t have freedom of speech and you don’t have a right to say no”?

It’s possible to turn this right around and find that the evidence shows something quite different. Meryl Dorey is really about saying what she wants even if it has been shown to harm individuals or society in general.

In his complaint to the HCCC Mr. Ken McLeod addressed the issue of AVN free speech on page 6. [Item 5] Is the AVN protected by a right of free speech?

Contrary to the perceptions of an Australian public raised on a diet of Hollywood movies, there is no right of free speech in the Australian Constitution. On the contrary, Australian legislation and case law are littered with restrictions on speech, from contempt of parliament, national security, contempt of Court, sub judice rules, criminal defamation, breach of copyright, racial vilification, etc. For example, see Jones v Frederick Toben.

In 2002, a judge of the Federal Court of Australia found that Töben’s website “vilified Jewish people”, and ordered Töben to remove offensive material from his site. In May 2009, he was sentenced to three months in jail by Justice Bruce Lander after being found guilty of 24 charges of contempt, in that he continued to publish offensive views in defiance of Court orders {Jones v Toben [2009] FCA 354}.

Likewise, cancer quack Jillian Margaret Newlands has been ordered by the Queensland Supreme Court to cease providing her quack cancer cure and dangerous advice, such as advising clients not to seek chemotherapy treatment. [Public Statement by Qld Minister for Tourism and Fair Trading Peter Lawlor, Thursday, April 23, 2009 “Unregistered health provider ordered to stop misleading cancer patients”]

So, in Australia, one is entitled to free speech provided that one does not harm an individual or society in general. As Oliver Wendell Holmes USA CJ, put it so succinctly;

“The most stringent protection of free speech would not protect a man falsely shouting fire in a theatre.” [Source]

The AVN is clearly harming individuals and society and is not protected by any right of free speech. Indeed, by explicitly including “health education” in the Health Care Complaints Act, speech is clearly not protected here, as speech is necessarily a part of the education process.

In her reply to the HCCC Ms. Dorey accuses Mr. McLeod of a “jihad-like mentality” (yet maintains taking offence at the term “quack”) and offers, Response to Section 5 of the McLeod Complaint – So Called Right of “Free Speech”;

Contrary to Mr McLeod’s ʻAmerican TVʼ version of Constitutional Law (under which he has adopted foreign terms such as “Right to Free Speech” derived from the US Constitution), there is in fact an implied freedom of communication and discussion on political and government affairs contained in the Australian Constitution and embodied within the federal system of government…. It has been found by the High Court of Australia that these sections, when read in context, provide that members of the Senate and the House of Representatives to be directly chosen at elections by the people and that therefore this requirement embraces all that is necessary to effectuate the free election of representatives at periodic elections, including the right to unfettered communication and discussion of all matters relating to government and public policy [Citation].

Freedom of communication on matters of government and politics has been determined by the High Court as being an indispensable incident of the system of representative government that the Constitution creates…. This freedom of communication and discussion is protected against the exercise of federal and state legislative and executive power and extends to all those who participate in ʻpoliticalʼ discussion (such as the AVN) and therefore is not limited only to electors and elected [Citation].

… The High Court has extended this freedom of communication on matters of government and politics extends to all non-verbal conduct [Citation], which would include content on the AVN website and all published materials of the AVN which is the subject of this complaint from Mr McLeod.

It is submitted that the HCCC should approach this complaint with this attitude of balance, and act to responsibly and lawfully when weighing up the competing interests at stake in the circumstances regarding the subject of this complaint. The High Court cases cited above confirm that the HCCC has a constitutional obligation to ensure that the ʻgag orderʼ and other similar provisions of the Health Care Complaints Act are not attempted to be implemented in response to this complain (sic) in a way that would offend or restrict the AVN’s constitutionally protected freedom of political expression. [….]

In closing on this particular subject, I submit a statement made by the Foreign Minister, Stephen Smith, as quoted in August 22nd, 2009 edition of the Daily Telegraph. In a speech before Federal Parliament, Mr Smith stated that, “We understand, respect and recognise free speech. We value the capacity of someone to come to our country and say things, even if we do not agree.”

The full epic ramble covers three pages most of which I have spared you. Dorey failed to address Mr. McLeods argument on free speech content that may be inherently malignant. Instead an irrelevant attempt to suggest that the AVN engages in political discussion akin to “communication on matters of government and politics”, is made repeatedly.

In aligning herself with “an implied freedom of communication and discussion on political and government affairs contained in the Australian Constitution and embodied within the federal system of government”, Dorey assumes quite some self-promotion. The citations are related to media outlets and political speech as implied by the constitution, both during and outside of election time, qualified privilege and publication without malice, amongst others.

In short Ms. Dorey seems to have little grasp on the notion of responsible free speech. Ken McLeod has made a very good case as to why free speech despite its great value must not be abused or used as a tool of demonstrable harm. Meryl Dorey sees her role as so lofty, the HCCC should stand back and make way. It’s arrogant in the extreme and speaks volumes as to how Dorey sees herself.

Nonetheless that is the source of Dorey’s repeated claims that “the skeptics”, of which Ken is not a member and SAVN, “say that we don’t have freedom of speech in Australia”. Item 5, page 6 of a complaint raised against Meryl Dorey. Period.

It is clear that the HCCC agreed with McLeod’s version, having reviewed Dorey’s material and finding her a risk to public health. Dorey is entirely cognizant of the above. Yet she has again chosen to misrepresent the facts in an attempt to cast opponents as malignant. At worst this is a dispute over the interpretation of free speech under the Australian Constitution.

Using free speech to lie to Tiga Bayles about free speech in such a manner as to intentionally engender ill will and hatred toward others is perhaps the most eloquent justification as to why Ms. Dorey must be stopped from speaking to the detriment of others. What she should say is:

I, Meryl Dorey believe I have a right to say what I want regardless of the consequences to individuals or society and hide behind this as “free speech”.

That is what the evidence shows and it’s backed by her conduct. In essence Dorey is shouting “fire” in a crowded theatre and wants to keep doing so.

One repetitive issue did come up again. As I’ve noted earlier, Dorey believes Nicola Roxon’s recent announcement on immunisation incentives should have led with instructions on how to become a conscientious objector. As if the health minister should be actively promoting disease, disability and epidemics. She had Tiga fired up in no time:

Tiga: So, the government is responsible also for misinformation.

Meryl: Very much so. And we’re going to be complaining about that, but unfortunately what happens is you complain to the Ombudsman, and the Ombudsman says, oh well, tell the minister for health about this. It’s the Minister for Health who’s misinforming people in the first place. So there’s really no way to complain.

Tiga: Typical.

It’s hard to find analogues to this. Perhaps media announcements on how to get exemptions from total fire bans should take precedence over any warnings? Life savers pointing out where the most dangerous rips are outside the flagged zone? SES telling residents where to hide from rescuers as bush fire tears into town? Light houses leading you onto the rocks?

Meryl Dorey’s idea of free and responsible speech is a dangerous one.

Short out take from Let’s Talk December 19th 2011:

Full episode Let’s Talk December 19th, 2011:

15Dec2011

Meryl Dorey and the Woodford “free speech, democracy” thing

Posted in Alternative "medicine" scams, Denialism, Human Rights, Legal by Paul Gallagher

The comments of Joe Stella, editor of The Daily Grind on ABC’s The Drum [December 13th, 2011] on the topic of free speech, highlights Ms. Dorey’s abuse of democratic freedoms.

He chips in here at 1:40, and the same video can be found on yesterday’s post. His blurb on Dorey’s appearance at Woodford is:

It’s up to individuals in the audience to go seek out alternative views if they so want. It isn’t a university or public school… it’s a festival. Everyone’s entitled to their views no matter how wrong. […] It’s perfectly fine in a democratic country for people to be wrong.

And I really er, obviously she’s a nutter and vaccinate your kids and that’s all very important, but the tenor of those who oppose her right to speak, saying ‘oh she should have a disclaimer on her website before she can put her views’, or ‘she shouldn’t be allowed to speak in public’, ah, I find that really unsettling in a democratic society.

Mr. Stella exhibits a poor appreciation of the dynamics pertaining to the HCCC request that Ms. Dorey place a notice revealing her anti-vaccination position on her website. The AVN qualifies as a health service in NSW and is thus subject to the HCCC mandate. This qualification as a health service has been established in the NSW Supreme Court during the AVN appeal against the HCCC decision. This was conceded in court by Ms. Dorey herself on July 28th, 2011.

The HCCC decision was backed by Victoria’s Chief Health Officer Dr. John Carnie, speaking on ABC’s The World Today, July 13th, 2010. Our TGA’s Complaints Resolution Panel investigates breaches of the Therapeutic Goods advertising code and when complaints are upheld, requests for notices to be published on the offending site. Would Joe Stella suggest this is also a matter of “tenor” that we should “find really unsettling in a democratic society”?

If anything, it is the toothless tiger status of health regulators that has been shown up as a problem time and again. Retraction demands are simply ignored by colleagues of Ms. Dorey, in the full knowledge the drain on public funding renders it not in the community interest to prosecute. Had Dorey doused her ego in cold water and ignored the HCCC and their public health warning her right to deceive Aussies and place community health at risk would be just as in tact as it remains today, minus the scathing public attention.

It’s almost an Aussie tradition when it comes to alternatives to medicine. They lie about efficacy or evidence, someone complains, the complaint is upheld, a request to publish a retraction or warning is made, they point and laugh at the impotent request and life returns to normal.

Ms. Dorey’s right to speak freely has never been a factor. It is her refusal to comply with authority that concerns her critics. That underscores the recklessness of providing a platform to a skilled manipulator who snubs simple laws that everyday Australians comply with daily.

In revoking the AVN’s Charitable Fundraising Licence (October 20th, 2010), the NSW Office of Liquor Gaming and Racing acknowledged the HCCC decision and Ms. Dorey’s refusal to comply. In doing so they found that consumers may be misled into making donations, or purchasing membership “in good faith”. The import of this decision is reinforced by the fact that the OLGR found 23 breaches of the Charitable Fundraising Act 1991, following a 2010 audit of The Australian Vaccination Network. Charity fraud.

The Northern Star reported at the time that the AVN provided a media release which:

…said the OLGR had found several errors with the network’s bookkeeping system and some minor problems with the way in which fundraising income was accounted for.

And:

“Had the OLGR based its decision upon the simple errors which were found during our audit – errors which any small, volunteer-run organisation can and does make – it would have been unfair but not unexpected,” Ms Dorey said.

“What makes this decision difficult to understand is that the revocation was based solely upon a questionable decision by the NSW Health Care Complaints Commission (HCCC) which we believe is not relevant to the OLGR’s mandate.”

So, how did we get from “errors which any small, volunteer-run organisation can and does make” to 23 breaches of the Act? Was it really “based solely” upon the HCCC decision? Here’s Dorey’s famous email to members in which she copies and pastes items a, c and f from the OLGR’s letter of revocation, forgetting that readers may wonder just what items b, d, e and any other content may have referred to.

From that day forth Dorey’s claim to members has been this consistent deceit. The HCCC do not have authority. The OLGR decision is based on the HCCC’s “illegal” investigation and thus also carries no weight. Only 6 days ago Dorey informed her rapid turnover membership, via her various internet outlets, of The attack against the AVN – a repeat of the information:

It has been brought to my attention that newer readers may not be aware of the circumstances behind the warning by the HCCC against the AVN…. The HCCC does not have the authority to recommend that the AVN put this or any other statement on its website…. The HCCC has adopted pro-vaccination assumptions and values. In other words, it has adopted a partisan position. That is not its role.

By issuing a public warning about the AVN, the HCCC overstepped its mandate…. The complaints to the HCCC against the AVN are part of a systematic campaign to shut down the AVN…. Those who have attacked the AVN have ridiculed and slandered AVN members, made false claims about their beliefs, made numerous complaints to a variety of official bodies, and made personal threats against individuals. The HCCC has allowed itself to be a tool of opponents of the AVN.

If Ms. Dorey cannot accept the “tenor” of the NSW Supreme Court and the role of public health authorities, then defending her as a matter of democratic integrity is quite ambitious. She has conceded herself that the AVN indeed falls under the HCCC mandate. Regarding the constant myth of personal threats made against her by complainants, Howard Sattler raised this with Dorey last year:

Or download audio here.

Before a group of fed up volunteers exercised their democratic freedoms, the simple fact is that the AVN and Dorey had run amok for close to 17 years. Donations had been continually asked for and received for a Bounty Bag insert that didn’t exist. Bounty Bags themselves had never heard of this and would never entertain antivaccination propaganda. On page 18 of Meryl Dorey’s trouble with the truth Pt. 1, Ken McLeod reports on Dorey’s charity fraud:

Meryl Dorey’s Yahoo! Group Message #29638 of 41210 dated Mon May 29, 2006 7:16
“Hi All,
In the latest edition of Informed Voice, we put out a call for funds because we desperately want to be able to accomplish some very specific goals of reaching more people with our information and also hopefully, getting more members/readers – you name it. The goals were as follows: Need to raise approximately $20,000 over the next 12 months to successfully lobby Federal Parliament for chages (sic) to legislation taking away the need for parents to see doctors in order to register as conscientious objectors to vaccination $17,000 would allow us to advertise our services and our magazine in the Bounty bag. This information is currently given out to every woman who births in hospital in Australia – exactly the people who need our information the most!” “your donation will go towards the ability to offer our services and our magazine in the Bounty Bag which is given to every woman who births in hospital.”

The Internet Archive shows that this appeal has appeared on the AVN’s website since 3 February 2007. The same appeal appeared in Meryl Dorey’s emails, in the AVN magazine “Living Wisdom” and the AVN HPV brochure. This appeal remained on the AVN website until 17 July 2010.

Well, “your donation” didn’t go toward women “who need our information the most!”. This is not free speech. This is outright calculated fraud, running for years, that highlights Dorey’s disdain for, and exploitation of her members, the Australian public and new mothers. And what does such conduct say about her ongoing claim of helping Australians make an informed choice beyond sheer mockery? More so, there has been no lobbying of Federal Parliament to seek changes in the requirements for conscientious objection.

Does Meryl Dorey seriously think her necon’ ramblings about “illegal” HCCC investigations and “a systematic campaign to shut down the AVN” can expunge the import of such outright crime? Other smaller brand names have been abused in this manner also. Added to this are breaches of copyright that Dorey put down to “ignorance”. Ignorance? Not likely. On September 1st, 2010 Kate Benson in the SMH wrote:

An anti-vaccination group is under fire for allegedly breaching copyright laws by selling newspaper and medical journal articles online without permission from the authors. […]

The packs, which were selling for up to $128, included home-made books filled with articles photocopied from journals around the world, information on drugs taken from MIMS, the medical guide used by doctors and nurses, and copies of brochures inserted in medication boxes by pharmaceutical companies. […]

Dorey continues to sell articles in the AVN shop that are available freely elsewhere online. Frequently they are available on the author’s own website. The same can be said for videos. For sale from Dorey or watch online at the click of a mouse. Of the antivaccination, conspiracy theory, HIV/AIDS denial, fluoride fear mongering, fake cancer cures and pro-Scientology/anti-psychiatry books on sale virtually all are available cheaper elsewhere.

Despite the pleas of impartiality, the rank offence and mockery is at times breathtaking. As reported by reasonablehank, Dorey recently wrote, in a pitch to sell an AIDS denialist’s DVD:

In honour of Australia winning the ‘right’ to play host to a huge international conference on AIDS and HIV, here is a DVD that will give you information on the origin of and treatments for this disease that is being blamed for tens of millions of deaths since the 1980s.

Dorey is documented as scamming her members out of $12,000 for a non-existent “vaccine-autism” advertisement in 2009. In 2008 she milked the emotion of members in a dramatic telling of a family with a baby newly born to a hepatitis B positive mother “on the run from vaccination”. Whilst the situation was factual Dorey made Peter Foster look like an amateur as she relayed “reports” from the father, took full credit for saving them from DOCS and terrified members with tales that this could happen to anyone. Unless of course, the AVN was funded. The “fighting fund” she opened immediately, made almost $12,000.

Incredibly Dorey then informed her members of her intention to breach the Charitable Trusts Act 1993:

If you did make a donation but we haven’t heard from you by 7th October 2008 about this matter, we will assume that you have no objection to the AVN utilising your contribution for the administrative and operational purposes of the AVN and the Living Wisdom magazine.

The OLGR reported [bold mine]:

During the course of the inquiry evidence of possible breaches of the Charitable Trusts Act 1993 was detected in relation to the following specific purpose appeals conducted by AVN:

Fighting Fund – to support a homeless family, allegedly seeking to avoid a court order to immunise a child with legal and living expenses. The appeal ran for a short time in 2008 and raised $11,810. None of the funds were spent on this purpose.

Advertising Appeal – initially this was an appeal for the specific purpose of raising funds for an advertisement in the Australian commencing in March 2009 and concluding July 2009. The specific purpose was changed during the course of the appeal to fund advertisements in Child magazine. This appeal raised $11,910. None of the funds were applied to the specific purposes. It is noted that AVN did spend some $15,000 during the period December 2009 to July 2010 on various forms of advertising.

Bounty Bag Program and Vaccination Testing – for a number of years AVN has solicited for donations generally in a manner where, despite it not being AVN’s intention, one specific purpose was created in that donations could only be spent on one or more of four purposes, including funding the provision of AVN material in the Bounty Bag program and testing of vaccines. No funds raised have been spent on these two purposes.

It’s anyone’s guess how many scams Dorey has gotten away with. A favourite fiction of mine is that which she launched within weeks after the family on the run story ended. She’d had calls from nurses who’d been “forced into vaccinating” despite prior adverse reactions, she lied. Their new “life threatening” reactions were mysteriously dismissed by hospital staff. But with her trusty Google, Meryl Dorey diagnosed Lupus Panniculitis. Oh my, what could be done?!

In a master stroke Dorey announced “Pain Free Funding”:

A couple of our members have recently donated part of their Maternity Immunisation Allowance to us. They said that without the AVN’s lobbying Parliament to get legislation put through to ensure their rights to government entitlements, they wouldn’t have this money or the Childcare Allowance anyway so they felt that we deserved part of it for our support of them. We thought this was a great idea! If you are in a position to give us a portion of your Maternity Allowance, we would be very grateful – just one more idea that hopefully won’t put too big a hole in anyone’s pocket.

I think even the silliest of us can see the HCCC decision played only a minor role in the OLGR’s revocation of the AVN’s charitable fundraising status. In view of the above it is clear that the AVN present a cleverly deceptive face to the Australian public, creating the illusion of authority and authenticity on the topic of vaccination.

Australians have a right to expect our health and charity regulators will act when culpable individuals and organisations exploit laxity in existing legislation. Particularly for their own ideological and financial benefit, with no regard for the consequences of their actions. There’s far more going on here than someone exercising their democratic right to free speech.

New Yorker Meryl Dorey snubs our legislation, exploits loopholes and publically abuses our regulatory bodies. She makes a dishonest living from scamming and lying to Aussies.

Seeking to impede or put an end to this is no threat to our democracy and no threat to free speech.

Losing In The Lucky Country

Skeptical musings on the denial of evidence

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