Phorm attacks aggressive critics (UPDATE)

Posted on 29 Apr 2009 at 17:36

Controversial internet advertising company Phorm has lashed out at critics, including parts of the media. The firm has launched a website to defend against a "smear campaign" it claims is waged by "privacy pirates". It invites readers to read the site and to judge the facts for themselves.

The Stop Phoul Play website labels Phorm's critics as Angry Activists, Concerned Consumers, The People, Legal Experts and Media Mouthpieces. It identifies the individuals and organisations it believes are dedicated to generating negative publicity about the company. To date the main opposition to Phorm's online advertising system is based around privacy concerns.

Phorm appears to shows sympathy for certain journalists, claiming that when the media produces balanced articles the writers responsible are "swarmed by 'letter-writers' and oddballs who intimidate and bully the poor unfortunate." Not all journalists are to be pitied, however. Phorm's site implicates online IT news site The Register as being a mouthpiece for the smear campaign. We have so far been unable to find any evidence on either Phorm's new site or in The Register's news archive that supports this idea.

The entire smear campaign is allegedly run by half a dozen organisers. Phorm claims that these individuals investigate government papers obtained through the Freedom of Information Act, which they "feed back to a small number of public officials in the UK and EU to raise further questions."

It is unusual for a company to attack bad publicity so directly and aggressively. If a website or print title publishes an inaccurate story the usual approach for a company is to request a retraction and/or correction. Failure to do so might lead to a libel case against the publisher if the story was incorrect.

In fact Phorm does wheel out its lawyers when it sees stories that it deems to be inaccurate. Its own site discusses a story published by New Media Age last week, which it succeeded in having removed and an apology published. It then went on to quote parts of the story on Stop Phoul Play, alongside a description of why the story was "false". It detailed other areas of dissatisfaction, such as the short time frame that the company was given to respond to a request for a comment.

Jim Killock, Executive Director of the Open Rights Group, told Computer Shopper that, while it was "very flattering that ORG, which is funded by one thousand supporters and employs two and a half staff, is being credited with undermining a billion pound company", he condemned Phorm's attacks on individuals. "It is a disturbing tactic to attack individuals. Phorm should be working to allay people's fears rather than trying to silence them with intimidation. This is clearly an attempt at intimidation against them and others who want to speak out. It is anti-democratic and desperate."

Meanwhile, the European Commission is taking legal action against Britain for failing to keep people's online details confidential. EU Telecoms Commissioner Viviane Reding said the action is due to ISPs using Phorm to target advertisements at internet users based on websites they have visited.

Author: Simon Edwards