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Shell Internet Censorship

“One of the principles underlying all of our work on the Web has been that we should be true to the spirit of New Shell. This means that we are seen to be open, listening, interested in the views of others…”: SHELL CENSOR – MARCH 1999

Shell Internet Censorship

By John Donovan

Printed below is a Shell internal email sent in March 1999. Shell was obliged to supply it to us in accordance with an application we made under the UK Data Protection Act. The “X’s” denote sections redacted (censored) by Shell, which includes the name of its author and apparently an extensive circulation list – 4 lines deep.

Although not mentioned in the still visible text, the author of the email was talking about the former “Tell Shell” Internet discussion forum once available on shell.com, until it was censored into oblivion.

Knowing of the involvement of Shell International General Counsel Richard Wiseman in the overt and covert censorship carried out on “Tell Shell” postings, we asked him if he was the author of the email. This was his reply yesterday, 22 February 2010:

Dear Mr Donovan,

I have no record or recollection of drafting or being involved in the drafting of the email you refer to.  Since you claim it was written more than 10 years ago, this is not surprising.  The style is not mine however and I do not believe that I am likely to have been the author.

As usual, I do not propose to comment otherwise on your draft and this should not be taken as acceptance of any of the assertions you make.

Regards
Richard Wiseman

Chief Ethics and Compliance Officer
Royal Dutch Shell plc
Shell Centre, London SE1 7NA

We accept what Mr Wiseman says. Of course, since Shell carried out the blanking out process on the email, it could reveal all of the censored information, but has not offered to do so, even though Royal Dutch Shell CEO Peter Voser and  Company Secretary Michiel Brandjes are fully aware of this article.

It is clear from the content that the author of the email was someone in control over the content of “Tell Shell”.

He or she claimed:

“One of the principles underlying all of our work on the Web has been that we should be true to the spirit of New Shell. This means that we are seen to be open, listening, interested in the views of others…”

Astonishingly, the author then goes on to try to provide a rationale behind the decision to remove 9 out of ten postings we made on “Tell Shell” and to say that if accused of censorship, Shell would argue that it had simply been trying to prevent us dominating discussions. The postings were also manipulated to make it less likely that forum users would visit our own website and be exposed to the full list of our allegations i.e. the truth.

Despite the claims of an open, censorship free discussion forum for lively debate, Shell did not want to entertain controversial postings. Hence the introduction of censorship on “Tell Shell”, providing an explanation on the forum whenever an unwelcome contribution was deleted.

Shell subsequently resorted to secret censorship, whereby postings vanished without trace or explanation. This underhand policy, involving Richard Wiseman, brought about what we described as: “The slow death of the Tell Shell Internet discussion forum”.  After the secret censorship was exposed, Shell “suspended” the forum, as it turned out, permanently.

Not content with censoring “Tell Shell”, Mr Wiseman also wanted us to censor our website. The following is from an email he sent to us on 11 November 2005:-

The extraordinary tolerance shown to your internet activities ought to demonstrate better than anything else the fact that we are uninterested in, and unmoved by, your current activities.  It is true that when your comments to “Tell Shell” overstep the bounds of honest comment and become vituperative or defamatory, we remove them.  In this context, I suggest that the image on

http://www.royaldutchshellplc.com/week44/vantheman3putinnovember2005.htm.

be removed as a matter of urgency.

Some extracts from our response to Mr Wiseman…

The implied threat in your email regarding the satirical comments directed at President Putin, betrays Shell’s real attitude to freedom of speech on the Internet.

Thank you for the official confirmation regarding Shell’s censorship of the “Tell Shell Forum”. Such suppression of free speech is directly at odds with statements made by Shell on the forum inviting feedback and lively open debate in “uncensored space”. Since we have never posted any bad language on Tell Shell, the censorship relates entirely to our criticism of Shell and our accurate account of past events, supported by documents in our possession.

Having admitted to Shell’s censorship policy on the Tell Shell Forum, your next comments imply that Shell has rights or influence over what is published on RoyalDutchShellplc.com. I would respectfully point out that although you can censor postings on your website, you cannot censor commentary posted on ours. You have not mentioned the censorship of postings by other contributors to Tell Shell offering constructive criticism, including former Shell employees (with one such posting deleted in an underhand manner). As far as I am aware, none of the postings critical of Shell contained any bad language.

EXTRACTS END

If you also read the information on the linked articles, it is clear that Richard Wiseman has been a driving force behind the machinations (trickery and censorship) over unwelcome critical postings on “Tell Shell”, which led to its demise and replacement by an unauthorized “Shell Blog”. I refer to the facility at royaldutchshellplc.com on which visitors can make positive or negative postings about Shell (or the Donovan’s), without being subjected to censorship.

In other words, people posting comments can rest assured that some self-serving lawyer is not controlling what is deemed sufficiently favorable to Shell to remain on display. Under the circumstances, perhaps Wiseman’s already lengthy job title should be expanded still further: Chief Censor, Ethics & Compliance Officer, Royal Dutch Shell Plc.

MAIN ARTICLE ENDS

RELATED INFORMATION

A posting made on our Shell Blog by former Shell executive Paddy Briggs was noted with disdain by a Shell employee in an internal email sent on 25 June 2007, who stated:

FYI, Paddy Briggs latest contribution – I think he should choose his friends more carefully…

In the absence of “Tell Shell” I think that this is possibly the best forum for those of us who care about Shell and have informed opinions about the company to share with others. The Donovans perfume (subsequently corrected!) a very useful function and, whilst I don’t always agree with them, I do admire them and certainly do not question their motives or their integrity.

(Since we know the above posting was made by Paddy Briggs, we have inserted his name where it was previously redacted. BTW, we have never met or even spoken to Paddy Briggs, who is now a Trustee of the Shell Contributory Pension Fund.)

A Shell internal email sent earlier the same day contained a more enlightened view about postings on our website. Its author said: “I support Mr Donovan’s right to free speech – even if it is anti-Shell.”

THE SHELL INTERNAL EMAIL SENT IN MARCH 1999

From:XXXXXXXXXXXXXXXXX

Sent: 23 March 1999 10:54

TO: XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
(E-mail)
Subject: FW: DONVAN

XXXXXXXXXXXXXXXXXXXXXXXXXXXXX

One of the principles underlying all of our work on the Web has been that we should be true to the spirit of New Shell. This means that we are seen to be open, listening, interested in the views of others and providing information which helps people to make their own minds up, not just thrust our opinions at them.

This is why, for several years, we have included links to the websites of organisations critical of Shell and have only removed contributions to the Website discussion fora if they were either:

a) abusive of individuals, or:

b) contained libellous material, where we didn’t wish to become involved in the legal implications of being a publisher:

Beyond that, we have deliberately not censored contributions, because this would simply have handed ammunition to our critics.

Before we launched the new campaign, we agreed that we should apply the same guidelines to the new campaign-related discussion fora. It was recognised that they might become targets for our critics, but if we claim to be interested in dialogue, then we need to be seen to be engaged in it and our arguments need to be seen to stand up for themselves.

In respect of Don Marketing, the monitoring of the fora quickly picked up that he had posted ten contributions and we decided to reduce it to one. If we were challenged, our argument would be that we had not censored, but had simply stopped him dominating discussions to the irritation of other users.

His one remaining contribution will be located in the Human Rights section at
http://www shell com/campaign/jssue/stage/1.1850.2.00.html

At the moment, this particular contribution of his is simply a link to his Shell Shareholders site. However, I have asked XXXXX to include Donovan’s text from one of his other postings so that people can see the essence of his case without having to go and enter his website and get the full list of his allegations. This will be done later this morning.

Regards

xxxxxxxxxxxxxx

xxxxxxxxxxxxxxxxxxxxxxx

Shell International Limited, Shell Centre
London SE1 7NA, United Kingdom
Tel: xxxxxxxxxxxxxxxxxxxx
Email: xxxxxxxxxx

Unique relationship between Shell shareholder activist and Royal Dutch Shell continues

By John Donovan

Printed below is an email reply received yesterday from Royal Dutch Shell Plc Company Secretary & General Counsel Corporate, Michiel Brandjes (right) together with my self-explanatory, constructive response sent today.

Any further response from Mr Brandjes will be published.

On 22 Dec 2009, at 11:18, michiel.brandjes@shell.com wrote:

Dear Mr Donovan,

Thank you for your message. I have referred all your emails regarding Data Protection Act (“DPA”) matters to the relevant staff and officers dealing with such matters and take it that they have responded as they deem appropriate. I am at this time not a spokes person for the Company in these DPA matters and a response by a Shell spokes person to a message addressed to me should count as a response by me.

It is in my DNA indeed to respond to all and everything as appropriate. However, while that is the starting position please note that I can not be held to always respond to everything as a Company Secretary. There are messages which do not call for a response or not by me, there are matters in which a further response can not serve any purpose, and there are persons with whom I do not or no longer communicate for justified reasons. I intend to continue to help genuine third parties whom you refer to me and do not fall in the earlier mentioned categories.

Rests me to wish you a Merry Christmas and a Happy New Year.

Michiel Brandjes
Company Secretary and General Counsel Corporate
Royal Dutch Shell plc

Registered office: Shell Centre London SE1 7NA UK
Place of registration and number: England 4366849
Correspondence address: PO Box 162, 2501 AN  The Hague,
The Netherlands

Email: Michiel.Brandjes@shell.com
Internet: http://www.shell.com

REPLY FROM JOHN DONOVAN

From: John Donovan <john@shellnews.net>
Date: 23 December 2009 18:45:21 GMT
To: michiel.brandjes@shell.com
Cc: peter.p.voser@shell.com
Subject: Re: Shell Invisible Investigations and the Data Protection Act

Dear Mr Brandjes

Thank you for your reply. The relevant Shell staff and officers dealing with these matters made no response, not even an acknowledgment. From what you say, it seems safe to conclude that my email to you of 21 December 2009 has also been passed on to the same people.

With regard to your second paragraph, it is good to know that I do not fall within the category of persons with whom you no longer communicate. I am also pleased to read that you will continue to help genuine third parties who contact us. We have always made plain our appreciation. Please be assured that we carefully vet the incoming job applications, business proposals, enquiries etc meant for Shell, using the authority you have given to us, and only pass on what we deem appropriate. Job applicants are directed to the appropriate web page on shell.com. We are always polite.

Reading through the extensive Shell internal and external correspondence supplied to us under the DPA, it is abundantly clear that there is growing hostility, anxiety and frustration. Shell is anxious that it “should not give the impression that we are over-concerned with the D’s website, or that management spends a lot of time worrying about it“.

However, the overwhelming evidence in the documents is that Shell is actually mesmerized by our website, with constant monitoring by Shell lawyers, Shell media, and Shell security on a global basis, with us and/or the site being discussed in Shell conferences, workshops etc. Also countless preparations over the years to try to anticipate and answer questions we might raise at a Shell AGM, when in fact we have not asked any questions at the AGM for over a decade.

All of this activity must cost Shell a fortune. And the collective impact of our activities on the reputation of Royal Dutch Shell Plc is incalculable.

I note that in one recent email, someone asks: “Have you tried to engage with the Donovans, to try to bring then onside of get them to tone down their anti Shell stance?” This prospect seems unlikely for a variety of reasons, including the stumbling block of the person at Shell who everyone seems to turn to when our name comes up, no doubt because of his long involvement with matters relating to us.  We both know who I am talking about. Why anyone should pay the least bit of attention to his advice or his self-serving account of past events is beyond my comprehension, bearing in mind that it is his miscalculations over the years that have resulted in the current untenable situation for Shell. If it were not for his incompetence, misjudgment and hostility towards us, our websites would not exist.

I do however believe that with a modicum of goodwill, we could move back to a less acrimonious relationship, where we voluntarily give Shell advance sight of controversial articles authored by us, so that Shell has the opportunity to say if anything stated is categorically untrue, in which event it would be deleted. We would also publish unedited within the article, any comments Shell wished to provide. That would be a step forward for commonsense and accuracy. If Shell decided we were not giving reasonable consideration to what you were saying, then you would obviously cease the arrangement.  If Shell has any ideas about how we could work together without impairing our editorial independence, or changing our non-commercial basis of operation, which we wish to preserve, we are completely open to suggestions.

We do intend to continue indefinitely with editing of RDS related Wikipedia articles, publication of our own outspoken articles and blog postings, plus leaflet distribution at Shell Centre and Shell AGM’s (where we will raise some questions Shell has not yet anticipated).  We would welcome Shell input to remove any factually inaccurate content from any of these publications.

It does seem a great pity that there is no benefit from the revenues which would accrue from advertising on a website which receives over two million hits every month. Shell is welcome to see the stats. I have suggested to you before that we could donate any such income to a charitable cause. I now have a specific proposal for you to consider while still in the season of goodwill.

When I raised this kind of suggestion before, there were still hard feelings about the outcome of the domain name proceedings. We can now see from the Shell documents provided under the DPA that Shell decided that it would not be appropriate in this case to mount a legal challenge in the courts. Furthermore, from an email date 25 August 2009, I get the impression that contrary to the arguments put forward to the WIPO,  Shell never attached any great significance to the domain name, which is no doubt why you did not bother to register it in the first place.  Shell only wanted it to stop us using it. So that issue seems settled. I note that legal precedence continues to reaffirm the unanimous verdict reached by the World Intellectual Property Organisation panel of leading IP lawyers headed by Professor Daniel J. Gervais, regarding royaldutchshellplc.com.

Please therefore let me know if you are prepared to give your blessing (no permission is needed) to our proposal that Google AdWords advertising is added to the royaldutchshellplc.com website on the basis that ALL revenue from the advertising, every penny, will be donated to the Shell UK Pensioners Hardship Fund. I am sure you will agree this is a very worthy cause, particularly during the current difficult economic climate.

My father and I wish you a Merry Christmas and a Happy New Year.

John Donovan

Email correspondence with Royal Dutch Shell Company Sec, Michiel Brandjes

By John Donovan

Reference my recent email, I received yesterday an email response from Michiel Brandjes, Company Secretary and General Counsel Corporate of Royal Dutch Shell Plc. I will publish it later today along with my reply, which will reveal more information from the remarkable Shell internal documents the company was compelled to provide, following my application under the Data Protection Act.

As will be seen, we remain fans of Mr Brandjes.

EMAIL TO MICHIEL BRANDJES AND PETER VOSER CONCERNING SHELL SPY SCANDAL

Since I know from our contact with you over recent years that you are normally an unfailingly polite and efficient Company Secretary, I suspect that this change results from criticism you have received internally for being “a bit too enthusiastic about responding to Donovan…:” Apparently one of your colleagues – I can guess who – is jealous at the praise you have received on our website.

Click to continue reading “EMAIL TO MICHIEL BRANDJES AND PETER VOSER CONCERNING SHELL SPY SCANDAL”

John Donovan email correspondence with Shell lawyers 28 Nov 2009

From: John Donovan <john@shellnews.net>
Date: 28 November 2009 10:16:41 GMT
To: gavin.white@shell.com
Subject: Re: Data Protection Act 1998 – SAR

Dear Mr White.

Thank you for your email dated 27 November.

I note that you ignored my question about what, in Shell’s view, constitutes a “reasonable interval” between SAR applications from the same applicant. A response on that matter will be made after I receive the delivery of the promised information on or before 1st December i.e. by next Wednesday.

I note that you have added another Shell lawyer – Maria Bowden – to the circulation list. Logic suggests she must have some relevant expertise, perhaps Shell buried secrets (nuclear or otherwise), defamation law, the Data Protection Act, or something connected with the company endorsed intimidatory conduct of Shell security guards at Shell Centre.

Best Regards

John Donovan

EMAIL FROM GAVIN WHITE TO JOHN DONOVAN

From: Gavin.White@shell.com
Date: 27 November 2009 10:41:27 GMT
To: john@shellnews.net
Cc: michiel.brandjes@SHELL.com, richard.wiseman@SHELL.com, Maria.Bowden@SHELL.com
Subject: RE: Data Protection Act 1998 – SAR

Dear Mr Donovan,

We have received your email dated 19 November, which makes reference to your previous request dated 10 November.

Although we appreciate your flexibility with regard to the period within which Shell has to comply with your subject access request (SAR) submitted on 4 September 2009, we believe it is not in either party’s ability to extend the prescribed period for responding to a SAR, nor to alter the statutory rules governing its submission and the subsequent response to it.

Accordingly, we confirm that as per our letter dated 16 November  we will respond to your SAR not later than 1 December 2009, in accordance with sections 7(8) and 7(10) of the Data Protection Act 1998 (Act). Our response will include the information constituting your personal data as held by Shell at the time when we received your SAR , pursuant to section 8(6) of the Act , but not any information produced or received by Shell after that time, such as the information requested in your email dated 10 November.

With regard to the documentation referred to in your email dated 15 November, to the extent that such documentation exists and constitutes personal data relating to you, then it will be disclosed to you as part of our response to your SAR dated 4 September 2009, in accordance with the Act and subject to any applicable statutory exemption.

Yours faithfully

Gavin White SI-LC-SFL
Company Secretarial Adviser
Corporate Secretariat, London
—————————————————————–
Phone: + 44 (0) 20 7934 3342
Fax: + 44 (0) 20 7934 5153
Email: gavin.white@shell.com
Postal address: 8th Floor, Shell Centre, London SE1 7NA, United Kingdom
Internet: http://www.shell.com

Shell International Limited is a company registered in England and
Wales. Its registered office address is Shell Centre, London, England,
SE1 7NA, United Kingdom. (Company number 3075807)

—–Original Message—–
From: John Donovan [mailto:john@shellnews.net]
Sent: 19 November 2009 21:16
To: White, Gavin SI-LC-SFL
Cc: Brandjes, Michiel CM RDS-LC; Wiseman, Richard RM SI-RDS-CCO
Subject: Data Protection Act 1998 – SAR

Dear Mr White

Thank you for your letter dated 16 November 2009.

My email dated 10 November requested any relevant documents/notes/ instructions relating to:

1. Alleged intimidation by Shell security guards at Shell Centre  carried out with the endorsement and encouragement of Richard Wiseman,  the Chief Ethics Officer of Royal Dutch Shell Plc.

2. Shell statements about me issued recently to the Guardian newspaper  and the BBC.

You claim that seeking this information would involve significant disruption which could hamper efforts to meet the SAR deadline. This  conjures up an image of a team beavering away day and night gathering  the necessary information. I somehow doubt this is the case. Since  there has been no request for extra time to deal with what would amount to nothing more taxing than a few minutes work to avoid a  further SAR application, with all that apparently entails, it leaves a suspicion that Shell has something to hide and is trying to delay  disclosure. This impression is reinforced by the threat that you will  not respond to a further SAR application from me until an undefined “reasonable interval”. Is this months or years?

My email of 15 November relates solely to any relevant Shell correspondence concerning the supposedly decontaminated land at Earley  that Shell sold to a property developer for a housing estate. Any such correspondence took place before my SAR application. Consequently there is no possible excuse for it not being supplied. I know that it  exists.

You say that you won’t supply any addional documents and information produced after 22 October (whatever that means) but include with your letter two such items, thus acting in apparent breach of the rule you have just quoted.

I would like to make a constructive suggestion which would avoid the need for any further SAR application to Shell by me in the foreseeable future. The last gap was nearly three years and dependent on your response, I have no plans to shorten that interval. I am quite relaxed about waiting until say, 15 December for Shell to supply all of the requested information.

The ball is in your court.

Best Regards

John Donovan

Email from John Donovan to Gavin White, Shell International Limited: 15 November 2009

John Donovan RoyalDutchShellplc.com

Photo: John Donovan of Royal Dutch Shell Plc.com

Date: 15 November 2009
To: gavin.white@shell.com
Cc: michiel.brandjes@shell.com

cc. richard.wiseman@shell.com
Subject: Data Protection Act 1998 – Subject Access Request

Attention of Mr Gavin White, Company Secretarial Department, Shell International Limited

Dear Mr White

You are of course aware of our SAR Application lodged on 4 September 2009 via Mr Brandjes and my subsequent correspondence with you on the matter, most recently my email dated 10 November.

Since I have not yet received the information requested under the application, can I just remind you to include any relevant correspondence that Mr Wiseman had with any residents of homes built on or near the former Shell terminal at Earley near Reading in Berkshire.  As you may be aware, multiple attempts were made by  Shell to decontaminate the land prior to its sale to Persimmon Homes for the housing development.

Best Regards

John Donovan