Tag Archives: HQ

Restaurant Review: Orphanage cocktail emporium key to class, quirkiness, and social responsibility!

The most unusual name for a classy cocktail bar must be that of newly opened Orphanage on Bree Street, which is on the corner with Orphan Street, a street name I had not noticed previously. I was impressed with its elegant and classy interior, unusual cocktails and other drinks, and interesting value for money food.

As I was driving to the Labia cinema last Saturday, I drove past the former Rhubarb Room space, and saw the new brown painted exterior, with candle-holders outside attracting one’s attention.  With the front door open, one could also see a massive chandelier, which runs along the length of the room.  I stopped to take a quick interior photograph, and returned after the movie, when the venue had filled up a little more, its first day of opening to the public and also the birthday of Johnny Friedman, the owner of the building and a partner in the business. Manager and co-partner Raymond Endean seemed a bit hesitant about sharing information initially and about letting me have a menu to take along for this story, but mellowed as more guests arrived and all appeared to be running smoothly.

The massive chandelier dominates the interior, almost detracting from the massive wooden bar running along the length of one wall.  On the opposite side are striped couches with coffee tables, creating sections, as well as a collection of high bar tables and stools.  More seating is available in the little courtyard, which one had not noticed before.  In the far end a DJ had set up his equipment, and played mood music, which became progressively louder, but did not overpower the conversation.  He was later joined by saxophonist Jamie Faull, and they performed together.  Jamie plays his sax on Wednesday and Sunday evenings. The staff wear amazing outfits, with waistcoats, black pants, Orphanage aprons with the key logo, and bowler hats, and are all very friendly and eager to serve.  There is low lighting, despite the chandelier, with many candles.  Cleverly the high table tops have been cut out to hold a bucket, into which a candle had been placed.  If one orders sparkling wine or white wines, it becomes an ice bucket, a clever touch, as it is space-efficient too.  A chest of drawers allows one to store one’s left over bottle for a next visit, and hence the key is the symbol printed on the brown serviettes, on the business cards, and is incorporated in the design of the menu too. The decor design was done by Inhouse architects. A large rectangular serviette contains the Inox fork and unbranded knife in a brown sleeve, with the key logo, brought to the table on a silver tray. Everything is printed on brown paper, with the key logo, and even the bill was presented in a brown sleeve. They purposely try to steer away from what everyone else does, wanting to be unique.

The first indication I had that things are different at Orphanage was when the cappuccino was served in a ‘blikbeker’, the sugar sticks being served in a smaller size.  Raymond explained that he managed Asoka Bar for seven years, and Eclipse and Caprice in Camps Bay prior to that.  The idea behind Orphanage is to go back to the time of the Prohibition, to create the feel of a ‘hidden bar’.  In deciding on a name, they were aware of their location on Orphan Street, also the home of the St Paul’s Church across the road.  A dreadful influenza epidemic swept through the region in the early 1900’s, leaving many children in the Cape orphaned.  Children would come to the church for food, giving the street its name, and Reverend Sidney Warren Lavis helped set up the first ‘orphanage for boys’ in Cape Town in 1919, called the St Francis Childrens’ Home, in Athlone. The placemat proudly shares: “ORPHANAGE are very proud supporters of the St Francis Children’s home that we derive our quirky name & rich heritage from.. because this type of tomfoolery has a social conscience too”. R15 of the ‘More Tea Vicar?’ drink of Finlandia vanilla, rooibos syrup, cranberry, and lemon, which costs R55, is donated directly to the St Francis Children’s Home. In December and January R 10 will be added to every bill, to donate to the St Francis orphanage.  The Rector of St Paul’s blessed Orphanage on its first day of opening. Raymond said that they understand that the name is controversial, as showed when we Tweeted about it.

The drinks list has a number of Orphanage branded wines, and Raymond told me that sommelier and consultant Kent Scheermeyer is helping them to source two red and two white wines, as well as a sparkling wine.  He wasn’t sure where they were coming from, but the Pinot Noir will be from De Grendel, and Mullineux will supply a red blend.  The cocktail list was compiled from a study of bar trends and 200 cocktails were evaluated. Most have a quirky name, and are served in quirky ‘vessels’ too, such as a fine Victorian tea cup.  A cucumber Martini is served with a cucumber sandwich on the side.  Interesting is that a drink is named after the police commissioner in the Western Cape, Hilton Hendricks, who arrived for the birthday party too, with his bodyguards, who (surprisingly) were very hesitant to share his first name.  Moët & Chandon costs R800, Ruinart R1000, Dom Pérignon R1800, and Krug R3600.  &Union beers, Grolsch, Peroni, and some commercial beers are available.  More than twenty cocktails, with interesting names, many related to the name of the establishment (e.g. ‘Innocent Orphan Annie’) cost between R35 and R65.

The menu will be changed every three months or so, and is restricted to only ten items at the moment. It is the domain of Chef André Hendricks, with consultant chef Mac Mulholland, who has worked with HQ, Asoka and Tank.  A kingklip carpaccio (‘Fishy on my Dishy’ – photograph right) sounded unusual, and was exceptional, drizzled with lemon and olive oil (R50).  I was less impressed with ‘Rabbit Food’, with too much rocket, and little asparagus and aged pecorino (R45). Other tapas options are Cauli-fritters (R40), ‘Crayfish Signature’ (R95), ‘Milanese Chick Chick’ (R65), ‘Octopus Crunch’ (R55), and ‘Little Lamb Buns’ (R60).  One senses that the team had great fun in coming up with the names.  One can also order platters of mezze or charcuterie (R95 each), and cheeses (R75), olives, nuts and truffle chips, or a dessert (at R35 each) of ‘pineapple thins’ or ‘Molten Coco Loaf’, which turned out to be a lovely chocolate fondant served with vanilla ice cream. The dessert and the salad were served in bowls set inside wooden blocks, again an interesting and unusual presentation.

Raymond said that they are almost purposely ‘anti-marketing’, wanting to grow their business on the basis of word-of-mouth, on the strength of their service, which was friendly and kind. I was lucky that charming and passionate co-owner Katie Friedman was at Orphanage too, and that she spent time with me to give me more background to the establishment. She has worked in marketing film production companies in the USA, and her business card describes her as the ‘House Marketeer’. She emphasised how blessed they are to have St Paul’s as their neighbours, and that they can contribute to the work that they do for the St Francis orphanage.

Orphanage cocktail emporium is a definite must-see and try, and a convenient stop before and after a night out, with ample parking at night.  It is a classy place to visit, fun and quirky, and having a drink there has a social benefit too.

POSTSCRIPT 5/4: A lovely 26°C evening, at the start of the Easter weekend, was a good opportunity to go back to Orphanage.  I couldn’t believe that it was jam packed outside, and some customers said they had come because of this review.  Co-owner Katie Friedman came to chat and thank me for the review, and told me that next summer they will do breakfast (with porridge options) and lunch too. She also said that they will be open every night of the week now. I tried their crayfish buns.

POSTSCRIPT 18/4: Talk about customer service.  On a last visit I asked if Orphanage had Bailey’s or Cape Velvet, and they told they only had Amarula.  When I went back to re-photograph the kingklip carpaccio in better light tonight, Raymond proudly showed me the Bailey’s they now stock!

Orphanage cocktail emporium, 227 Bree Street, corner Orphan Street, Cape Town.  Tel (021) 424-2004. www.TheOrphanage.co.za Twitter:@OrphanageClub  Monday – Sunday 17h00 – 2h00, Fridays from 15h00.

Chris von Ulmenstein, Whale Cottage Portfolio: www.whalecottage.com Twitter:@WhaleCottage

2011 Eat Out DStv Food Network Restaurant Awards: a prediction!

On Sunday the long-awaited Eat Out DStv Food Network Restaurant Awards will be presented at the Bay Hotel’s Rotunda in the presence of 360 chefs and restaurant lovers. This year sees a number of changes in the Awards, with the Top 10 name having fallen away as a generic title, due to the introduction of additional categories which have been judged, and the controversial sole judging of the winning restaurants in each category by Eat Out editor Abigail Donnelly.

As we have done before, we predict the following restaurants to make the Top 10 Restaurant list, based on write-ups we have seen, our own experience, and patron talk.  No offence is intended to the chefs we have not included.  The list is not intended as a ranking.  Not knowing the Johannesburg, Pretoria and KwaZulu-Natal restaurants, we are guessing those:

*   We have previously predicted that Chef Richard Carstens at Tokara will be Top Chef/Best Restaurant, for his creativity in food preparation and presentation, for continuously re-inventing himself and his dishes, for his quest to learn new things, and for the amazing El Bulli tribute dinner he prepared on 30 July.  The restaurant has just been selected by the Great Wine Capitals Global Network as the best Winelands restaurant in the country.

*   The Test Kitchen‘s Luke Dale-Roberts is most foodies’ prediction for Top Chef, and he does feature often in TASTE, the magazine that Mrs Donnelly is Food Editor of.  She told me recently that Woolworths chose Luke for a Christmas range, and that is why he receives so much coverage.

*   The Greenhouse at Cellars Hohenhort Hotel, with Chef Peter Tempelhoff, who has just been honoured as Relais & Chateaux Grand Chef, the first in Cape Town, and only the third in South Africa.

*    Jordan Restaurant with George Jardine is a stalwart, and while its restaurant building is not the greatest and grandest, George gets on with what he is excellent at, without any PR hype

*   The Tasting Room at Le Quartier Francais with Chef Margot Janse cannot be excluded from the list, for its listing as the only South African restaurant on the San Pellegrino World’s 50 Best Restaurants.

*   DW Eleven-13 with Chef Marthinus Ferreira in Johannesburg was a Top 10 restaurant last year. The only criticism I have seen about this restaurant is its location.

*  Hartford House in KwaZulu-Natal, with Chef Jackie Cameron, regularly on the Eat Out Top 10 restaurant list, the best that this province has to offer.

*   Chef Bertus Basson of Overture is another chef who reinvents himself and his food, and gets on with what he does well.  No PR hype.

*   Pierneef à La Motte with Chef Chris Erasmus has all the elements to make Top 10, but recently the food and service quality has started to slip.  The estate has been selected as top South African wine estate in the Great Wine Capitals Global Network.  Excellence drives everything that this estate does.

*   Babel is extremely trendy right now, and I hear lots of ooo’s and aaa’s about it, and is heavily booked, but it has only been open for lunch in its first year of operation.  Chef Darren Roberts of Grande Provence is a chef who gets on with things, quietly and creatively, and would be a more deserved Top 10 restaurant, this restaurant making the Top 10 every second year to date.

Other Top 20 Restaurant Finalists are Planet Restaurant, La Colombe, Nobu, Babel, Bosman’s, The Round House, Azure, Terroir, Roots in Johannesburg, and Restaurant Maison in Pretoria.

For the first time, Eat Out has introduced new Restaurant Award categories.  The Best Steakhouse Award could go to one of 29 steakhouses listed by Eat Out, and this may be where Johannesburg could have a winner, known to have a selection of good steakhouses, and making up almost half the Eat Out Steakhouse list.  In the Cape, Carne, Belthazar, and HQ are some of the steakhouses which feature on the list.

There are 18 finalists for the Boschendal Style Award, and this may be a little bit of a consolation prize for not making Top 10, and also gives newer restaurants which have not been open for a full year a chance at winning something.  The nominees for this category include Hemelhuijs, The Saxon, The Test Kitchen (an odd choice), Planet Restaurant, Thomas Maxwell Bistro in Johannesburg, Woodlands Eatery, Pierneef à La Motte, Kream, Makaron (at Majeka House, a consultancy client of Mrs Donnelly), Babel, Overture, The Grand Café and Beach (very odd!!), Rust en Vrede, Central One Restaurant (in the hotel at which David Higgs is the chef now), Dear Me Foodworld, Craft Trattoria, Pure, and Indochine.  If Babel falls out of the Top 10, it may win this award.

The Best Bistro Award finalist list has 43 nominees, and feels a little like a listing of every other restaurant which did not make the Top 10 finalist list.  Odd is how broad the ‘Bistro’ name has been stretched to include some restaurant nominees!  Bistro Sixteen82 should win this award, but stiff competition could come from Bizerca Bistro, Ryan’s Kitchen, Cuvee@Simonsig, The Common Room at Le Quartier Français, The Foodbarn, Dear Me, Franschhoek Kitchen, and Bread & Wine. Odd is to see Reubens Franschhoek on the list, which has continuous negative feedback.

I have not seen the Best Italian Restaurant nominee list, but Giorgio Nava’s PR machine has announced that 95 Keerom Street is one of the nominees.  He is a likely winner, embodying ‘Italianess’, but without charm!  The Best Asian Restaurant and Best Country-Style Restaurant nominee lists have also not been seen, and Mrs Donnelly did not wish to release the nominee lists.

Interesting is how the Eat Out Awards dinner has grown to 360 attendees.  If one calculates that each of the Top 20 Restaurant finalists will take a table, that leaves another 160 seats, not all filled yet, judging by e-mail reminders about the event.  With so many finalists and nominees, there will be many disappointed empty-handed chefs and restaurant owners on Sunday evening!

POSTSCRIPT 17/11: This Eat Out article has an interesting analysis of past Top 10 Restaurant/Chef winners, and some demographic break-downs of chefs as well.

Chris von Ulmenstein, Whale Cottage Portfolio: www.whalecottage.com Twitter: @WhaleCottage

Restaurant Review: Knife Restaurant serves good cuts of steak!

Knife Restaurant is an American smoke-house themed restaurant, known particularly for its very tasty BBQ-sauce marinated and smoked ribs, and is a sister restaurant to Fork, a tapas style restaurant in Long Street, described as a “plateful on a fork”.  Knife opened three months ago in the rather kitsch looking Crystal Towers Hotel in Century City, with its magenta lighting, odd furniture, and even odder fisherman ‘fishing’ in a water feature in the Reception. 
It is hard to define what Knife stands for from the décor.  It is dominated by a central bar counter, with a hodge podge of interior styles, and different seating areas around it, accommodating about 100 patrons. Two walls are wallpapered with images of children of the owner Ed Saunders, to reflect that children are welcome to eat there.  Another wall has depictions of beef and pig cuts.  The music was very loud, but was turned down.   The lighting was on an automatic dimmer switch for the whole restaurant, reducing down to a very low ‘dull day’ light setting at 20h00, for which the manager struggled to find the switch to turn the lighting up again.  Raw cement columns dominate the space, and look unfinished, and seem out of place with the rest of the décor.  The décor is in strong contrast to the rest of the hotel.   There are wooden tables and chairs, and massive red/white dishcloth-type serviettes.  We chose a table close to a sliding door leading to the parking area, with a cold inflow of air whenever the door opened on the cold rainy night, so we moved around the corner to stay warm.   
 

I had invited my friend Sarah from Durban to join me for dinner, and our first reaction was one of uncertainty as to whether we would be happy there.  Everything changed when the charming then-Manager David Elsbury came to the table, and took personal care of us, entertaining us with his friendly and cheerful nature. He compared Knife to Carne and HQ as competitors in terms of the quality of their steaks.   David worked at Wakami previously, and helped set up the new bar for Knife.  He has left to move into a non-hospitality job, for the sake of better working hours to benefit his family.  JD Haasbroek is a partner with Saunders in the business, and compiled the winelist, making sure to add boutique wine farm brands.  The chef Jonathan Japha moved over from Fork.

David told us that the Knife at Century City is the first of a number of franchised steak and rib Knife restaurants planned, next ones to be in Johannesburg and Durban.  A Spoon restaurant may also be considered, concentrating on soups and desserts, which seemed an attractive concept, we felt.    

The menu is equally “mish mash”, reflecting the interior.  It offers starters, salads, burgers, fish and shellfish, steaks and ribs, and platters.  A selection of sauces, including creole mayo, wholegrain mustard, blue cheese, cumin and cream, and green peppercorn and bourbon sauce, costs R25 each.   Extra sides of salads and vegetables can also be ordered at R 25 each. 

A 400g portion of “smoked sticky BBQ baby back ribs” costs R 80, and a 600g portion R110.  The ribs are oak-smoked and marinated for 24 hours in a special BBQ marinade.   Steaks are cut from Chalmar beef that has been aged for 28 days before serving.  David explained that Chalmar beef is grain-fed, and has no added hormones. Sirloin and rump steak choices are offered, at an acceptable price of R95/R115 for 200g/300g rump, and R110/130 for 200g/300g sirloin.  Fillet costs R 135, but the portion size is not specified.  Both meat types are served with French fries and corn on the cob (for the American touch!), as well as a sauce of one’s choice.  David organised that my steak came with a boiled potato.  The rump steak was excellent, cooked medium rare perfectly, as ordered, and the taste of the marinade came through.  Sarah ordered the vegetarian sticky sweet potato stack with mozzarella and tomato relish (R40), and felt that there was too little vegetable and too much sauce, overpowering the sweet potato.  She indulged in a Rocky Road dessert (R50), finding the marshmallows quite hard, making them difficult to chew, whilst the rest of the dessert was soft, “melt-in-the-mouth”, in her words.

Starter options range from R 40 – R65, and include a  variety of choices, including Creole mussel curry and Cajun lamb ribs.  The Caesar salad costs R50, while a Nicoise salad made from seared game fish costs R70.  Burger choices included one made from chickpea (R55), and a bacon and cheese burger (R65).  On the seafood side one can order Creole fishcakes (R65), sole and line fish (R90), king prawn gumbo (R110), and crayfish tails at R180.   A Meat platter costs R220 for two persons, and contains a selection of ribs, chicken wings, rump steak, lamb chops and a sauce.  A Seafood platter for two persons costs R240.

The winelist has 16 wines-by-the-glass, and I chose a wonderful 2004 Stony Croft Shiraz from Stellenbosch, a Platter 4 1/2 star wine, according to David, which I had not previously heard of, and which was excellent value at R32.  The list is simply divided into “White” and “Red”, and then sub-divided by variety, and the vintage and region is specified, but there is no description of the wine.  Champagne Henri Giraud Espirit de Giraud NV costs R500, Krone Borealis R 40/R180, and Colmant NV R240.  Sauvignon Blancs offered are Badsberg (R23/R92), Reyneke Organic Reserve White the most expensive at R270.  Boekenhoutskloof Shiraz 2007 costs R400.

We paid R280 for a steak, a starter, a dessert, a cappuccino and a glass of red wine.  As Knife is too far away from where I live, I will only go back when next I go on a shopping trip to Canal Walk.  The steak is well worth a visit, and according to David, the ribs are too.

Knife restaurant, Crystal Towers Hotel, corner Century Boulevard and Rialto Road, Century City, Cape Town.  Tel (021) 551-5000 www.knife-restaurants.co.za . The website is functional, informative, has various menus – Christmas specials, kiddies menu, main menu, brunch menu, etc., lists all the reviews, and has a small gallery – more photographs would be welcome.  Monday – Sunday 11h00 – 23h00.  Weekend brunch 10h00 – 15h00.

Chris von Ulmenstein, Whale Cottage Portfolio:  www.whalecottage.com  Twitter: @WhaleCottage

Social Media: The Whale War and Freedom of Speech

Whale Cottage and I have been the subject of a most vicious defamatory and destructive Twitter campaign in the past week, with unsubstantiated untruthful allegations made, aimed at damaging the reputation of our company and of myself.   The Twitter campaign fabricated information for the benefit of causing a sensation.  Initially the account was set up as an impersonation of myself, by appearing to be my personal Twitter account.  Twitter closed the account down temporarily last Friday, until the perpetrator changed the Biography on the Twitter page.  Not only was it malicious in content and libelous, but it was also threatening in its aggressive tone.

I have written this blogpost with the purpose of acknowledging that we are aware of the campaign, that we know who drove it, and that we believe in what we do and what we stand for.   We do not want to signal through silence that the abusive campaign contained any truth, other than the colour of my jacket that I wore at the OYO lunch on Friday, referred to in one of the Tweets, bringing the perpetrator and his companion into the foodie blogging community!

So how did this campaign arise?  About 2 weeks ago I wrote a review about Crush!3, as I have also done about the first two issues of the Crush! digital food and wine magazines, of which Michael Olivier is the editor.  A number of food bloggers and our readers posted comments on the Blog, the majority being in agreement with our point of view.  We have regularly requested input from Olivier in response to our reviews, but have received none.  In fact, his reaction has been to block us on Twitter, to not respond at all to communication, and to not acknowledge my presence at a recent industry function, even though we have been acquainted for many years.   On Saturday 16 October, the Crush! team of editor Olivier, and contributors Sophia Lindop, Andy Fenner (JamieWho?) and David Cope (of The Foodie blog) , who also owns the PR company called Established & Partners, with Chef’s Warehouse and Cookery School as sole client, it would appear, and Caveau/HQ/Gourmet Burger, Rudera Wines, Cape Classics and Hippo Hotel as ex-clients) had dinner at Lindop’s house to celebrate Crush!3.  On Twitter one was informed about the dinner through the attendees’ Tweets.  A Tweet by Fenner “Having a whale of a time with the @Crush_Online team” first caught my eye that evening,  which was reTweeted by Cope (but since removed), and echoed by the Crush! designers on the @Crush_Online Twitter account “also having a whale of a time. Flap Flap”, a few minutes later.  

An hour later a full-scale campaign began, with a total of 99 disparaging Tweets sent over the period of a week, one more demeaning than another.   A number of clues allowed us to link the campaign to Cope, information which we have handed to the police.   An abusive collection of e-mails was received from Cope as well, and there were clear parallels in what he wrote by e-mail and in the Tweets of the abusive Twitter account.  When we alluded on our blog to the Crush! team, and Cope in particular, being responsible for this childish campaign, there was no response from Olivier to deny it, and thereby he has condoned it.  We invited him to comment on our exposure in this blog post, and were surprised to receive a response from him for the first time since Crush! was published (we are delighted that Olivier acknowledges our input, but surprised to read that he values it, given his reaction to it, as detailed above): “I am not aware of any campaign, by any member of the Crush team, to defame you or Whale Cottage.  We would not embark on a defamation campaign when we are trying to build an online community willing to engage with us in an open, honest and constructive manner.   At Crush we value all constructive feedback and the fact that you have taken the time to read Crush and to make suggestions.  Crush magazine is in its third edition and determined to establish itself in a new market.  Needless to say, the Crush team would not like its brand linked to campaigns that aim to defame. I would therefore appreciate it, if you could forward any material that uses the Crush brand without our permission”.

Our Whale Cottage Blog has been controversial (no surprise that we were nominated and voted a Top 10 finalist in the Most Controversial Blog category in the recent 2010 SA Blog Awards).  We have exposed the dishonest claim by Carne restaurant that all its meat is organic (claim since removed from their website); we have awarded Sour Service Awards every Friday, never popular amongst its recipients; we have exposed the conflict of interest in the running of tourism matters in Hermanus; we have been critical of many restaurants that we have reviewed; and we have been critical of Crush!, but have acknowledged that it is improving.  This does not always make us popular amongst those businesses that we have written about.   We are proud of this Blog, and present the truth as we experience and see it.  We are not afraid to tackle any topic. Our reward is the 40000 unique readers reading our Blog every month, and our more than 1300 Twitter followers.

I have asked myself whether one changes tack in the face of such an abusive and emotionally violent and terrorising Twitter campaign.  Some people I spoke to used the PR adage that all publicity is good publicity.  Others said that social media memory is short, and that Cope would run out of things to fabricate, which is what happened.    But the overwhelming response was that I should change nothing about this Blog, and that I should continue with what we do.  This is wonderful support.   Some very special readers and followers were brave enough to react to the campaign publicly, and I am most grateful to all of them.  We are also grateful to our Twitter followers who saw the petty campaign for what it was, and unfollowed or blocked the abusive Twitter account. 

One of the characteristics of social media is that the boundaries of what one can say are blurred, with no clear guidelines of what is acceptable, and what is not.   There is no consistency in the different social media platforms and their codes of conduct.  Freedom of speech seems to be the overwhelming principle of this new method of communication, often at the expense of the truth.

Freedom of speech brings with it responsibilities, and cannot ignore the law, which dictates that one cannot disparage and defame others.  Good journalistic practice – yes, Bloggers, Facebookers and Twitterers are “New Age” journalists – is that information presented must be checked for accuracy, and that one cannot make statements about others unless they are proven.  The word “alleged” should precede any label one would give the action of any other person one is writing about, unless they have been convicted of the action they have been accused of.

This raises the question as to what the limits are for social media users, and what responsibility sits with Social Media platforms such as Facebook, Twitter and Blogging.

Blogging seems to have few restrictions, as there are numerous blogging platforms.  Many bloggers use WordPress, but the company does not specify a Code of Conduct.  The servers hosting the blogs may have a code of conduct, but these are not normally visible to the blogger, especially if one works via a webmaster.

Facebook’s Code of Conduct is lengthy, and appears to be the most protective against disparagement and defamation.  It is also very reactive to complaints in taking action immediately, not a surprise when one sees ‘The Social Network’ movie about the establishment of Facebook.  It states the following in respect of protecting one’s rights, the closest it gets to addressing what one may or not say:

“1.     Protecting Other People’s Rights

We respect other people’s rights, and expect you to do the same.     

1.     You will not post content or take any action on Facebook that infringes or violates someone else’s rights or otherwise violates the law.

2.     We can remove any content or information you post on Facebook if we believe that it violates this Statement.

3.     We will provide you with tools to help you protect your intellectual property rights. To learn more, visit our How to Report Claims of Intellectual Property Infringement page.

4.     If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.

5.     If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.

6.     You will not use our copyrights or trademarks (including Facebook, the Facebook and F Logos, FB, Face, Poke, Wall and 32665), or any confusingly similar marks, without our written permission.

7.     If you collect information from users, you will: obtain their consent, make it clear you (and not Facebook) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.

8.     You will not post anyone’s identification documents or sensitive financial information on Facebook.

9.     You will not tag users or send email invitations to non-users without their consent.”

Twitter has a Code of Conduct too, but seems very loath to take action against Twitter abuse, believing in freedom of speech, and Twitterers’ rights to expression.  It does not disallow disparagement, a major weakness of its Code.  It also does not demand honesty in Twittering, which means that anyone can say anything about anyone else on Twitter, without it necessarily being truthful.  It abdicates its legal liability in any dispute between Twitterers, yet does call for local country laws to be respected: 

·         Impersonation: You may not impersonate others through the Twitter service in a manner that does or is intended to mislead, confuse, or deceive others

·         Trademark: We reserve the right to reclaim user names on behalf of businesses or individuals that hold legal claim or trademark on those user names. Accounts using business names and/or logos to mislead others will be permanently suspended.

·         Privacy: You may not publish or post other people’s private and confidential information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission.

·         Violence and Threats: You may not publish or post direct, specific threats of violence against others.

·         Copyright: We will respond to clear and complete notices of alleged copyright infringement. Our copyright procedures are set forth in the Terms of Service.

·         Unlawful Use: You may not use our service for any unlawful purposes or for promotion of illegal activities. International users agree to comply with all local laws regarding online conduct and acceptable content.

·         Verified accounts: You may not use the Verified Account badge unless it is provided by Twitter. Accounts using the badge as part of profile pictures, background images, or in a way that falsely implies verification will be suspended” 

      The abusive campaign has created food for thought for many Bloggers and Twitterers, many wondering how they would react if they were targeted by such a 140-character onslaught on a daily basis.   There are no clear rules.  There also is no precedent in South African law as to any Blog post, Tweet or Facebook entry having been the cause of a defamation claim to date. In the USA, a young Twitter user last year sent a disparaging comment about an apartment rental agency to her 20 followers, and she was sued for $50 000 by the agency.

We welcome your point of view on Freedom of Speech in Social Media Marketing.

POSTSCRIPT 27/10:   The abusive campaign recommenced this morning, the first Tweet denying David Cope’s involvement, a little too obvious!   Another Tweet refers to a lunch I have booked at Tokara this weekend, a violation of my privacy relative to the restaurant, meaning that this information has been leaked by a staff member of the restaurant.

POSTSCRIPT 12/11:   We have established that food blogger Clare Mc Keon/McLoughlin from Spill Blog is passing on information to David Cope for the abusive Twitter campaign.

Chris von Ulmenstein, Whale Cottage Portfolio: www.whalecottage.com  Twitter @WhaleCottage