Law:53RZ9 The Nationalization of a Peculiar Wittenberg Act

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FAILED TO PASS
Ziu 53rd Clark 1st (May 2019)
Uréu q'estadra så: Éovart Grischun, MC

Cosa.png Cosă: Rejected in the Cosa
Per 10 — Con 136 — Aus 51

Senats.png Senäts: Rejected in the Senäts
Per 0 — Con 5 — Aus 2

L'Anuntziă dels Legeux

View Clark Result

WHEREAS the Kingdom of Talossa's primary means of communication is the use of the forum known as Wittenberg, which citizens have enjoyed the use of, in differing forms, for many years, and is host to virtually all official business of the Kingdom; and

WHEREAS H.M. Government and the parliament have sub-boards on these forums and use the same for a variety of purposes, including for the debate of legislation in the Hopper, the enacting or rejection of legislation in parliament and, in lieu of physical meeting places, provide digital representations of the various required facilities such as a Senate chamber, a Cosa chamber and various office spaces for official functions of government; and

WHEREAS certain functions of the Royal Household have sub-boards on these forums and use the same for a variety of purposes, including all business of the College of Arms, all business of the Royal Society for the advancement of knowledge and all business of the Crown itself, such as speeches from the Throne and the awarding of arms and honours; and

WHEREAS the Kingdom's judicial system has sub-boards on these forums and use the same for a variety of purposes, including the hearing of cases, the posting of judicial decisions and rulings and, in lieu of a physical meeting place, provide a set of digital courtrooms; and

WHEREAS the Kingdom's provinces each have a sub-board on these forums and use the same for a variety of purposes, including to act as the public venues for the provinces, for hosting official provincial governmental business and for providing office space to the Crown for provincial matters; and

WHEREAS groups of specialised and niche interests have sub-boards on these forums and use the same for a variety of purposes, including all business of the Talossan Web Designers Guild, all business of the Committee for the Use of the Language and for a wide range of discussions about or in the Talossan national language; and

WHEREAS the public at large enjoy access to these forums and use the same for a variety of purposes, including those already listed, and including any omitted from the above lists as those lists are not intended to be exhaustive; and

WHEREAS the public at large enjoy access to these forums and, in lieu of physical access to the areas of land claimed as Talossan soil, the Wittenberg forums act as a substitute for all physical places by providing a representation of the same by way and in nature of digital peculiarity; and

WHEREAS Wittenberg forums, while being host to all of the aforementioned, is private property and under the sole ownership of John Wooley, not in his capacity as King of Talossa, but in his capacity as a private individual; and

WHEREAS this form of private ownership permits Mr Wooley to enforce a set of rules for use of these forums, known as Wittiquette, which may appear to be a good idea for a variety of good reasons, but still allows one single private individual to control the behaviour and speech of all other individuals, and

WHEREAS, Wittenberg exists in some kind of digital-duality of derivitist and peculiarist realities, with each citizen probably having their own idea of what that really means, but overall can be summed up to say that in lieu of any actual physical 'thing', the sub-forums of Wittenberg provide a digital version of the 'thing', thus it can be said, as examples, that the sub-forum for a province is essentially the very same thing as provincial soil itself or the sub-forum for the uppermost court is essentially the very same thing as a bricks-and-mortar courthouse, and

WHEREAS if that idea holds true then a private individual cannot own these things or enforce blanket rules on all of them, especially if those rules fly in the face of the Covenant of Rights and Freedoms; so


THEREFORE be it enacted by the Ziu of the Kindom of Talossa that:

The forum board titled and styled as Wittenberg (known as Wittenberg, Wittenberg Forums and Witt) is hereby nationalised.


The details to whit are outlined as follows:

1) TITLE J (Telecomuna) of El Lexhatx is stricken from statutory law in it's entirety.

2) The following is hereby enacted and adopted as statutory law and shall be written in El Lexhatx:


TITLE J: Wittenberg Forums

1. A nationalised forum board shall be made available for the use of all citizens. This forum board shall be titled and styled as “Wittenberg”, or as “Witt” in short.

1.1 No one body or person shall be solely responsible for the administration or moderation of the Wittenberg forums as a whole, nor shall any one body or person be solely responsible for the enforcement of rules or terms or conditions of use for the Wittenberg forums as a whole except in cases before the Uppermost Court.

1.2 For international legal purposes, a representative from the Royal House shall be registered as having ownership of Wittenberg. This form of ownership does not imply any right of control under Talossan law.

2. Wittenberg may be sub-divided in such a manner to facilitate ease of navigation and for purposes of compartmentalisation.

2.1. Wittenberg shall be sub-divided in such a manner to allow sub-boards or sub-forums for each individual province. The administration and moderation of and the enforcement of rules of conduct and/or terms or conditions of use of these provincial sub-forums shall be the responsibility of each individual province; with each province being responsible for the sub-forum for their respective province only.

2.2 Wittenberg shall be sub-divided in such a manner to allow sub-boards or sub-forums for any of the Houses that compose the Royal Household as the Royal Household sees fit or as law dictates. The administration and moderation of and the enforcement of rules of conduct and/or terms or conditions of use of these sub-forums shall be the responsibility of the Royal Household; or of an individual House within the Royal Household with that individual House being responsible for a sub-forum for that House .

2.3 Wittenberg shall be sub-divided in such a manner to allow sub-boards or sub-forums for the governmental and legislative branches of the Kingdom of Talossa and these sub-divisions must allow for both The Senate and The Cosa to each have a corresponding sub-forum. The administration and moderation of and the enforcement of rules of conduct and/or terms or conditions of use of these particular sub-forums shall be the responsibility of the speaker of the house; with each speaker being responsible for the sub-forum for their respective house only. The Cosa shall agree on a set of Rules of Order for discussion in the Cosa chamber, while the Senate shall agree on a set of Rules of Order for discussion in the Senate chamber; both sets of rules shall include mechanisms for their enforcement and sanctions for their violation. Any parent forums of this sub-division shall be jointly administered and moderated by the speaker of both houses.

2.4 Wittenberg shall be sub-divided in such a manner to allow for a sub-board or sub-forum to be known as The Hopper. The Hopper shall be a public venue for the initial submission of, the viewing of and the commenting on proposed legislation. The administration and moderation of and the enforcement of rules of conduct and/or terms or conditions of use of the Hopper sub-forum shall be the joint responsibility of the speaker of the Cosa, the speaker of the Senate and the Secretary of State. Only the Secretary of State may be permitted to delegate this responsibility to a deputy if required. The Cosa and Senäts shall agree on a set of Rules of Order for discussion in the Hopper, which shall include mechanisms for their enforcement and sanctions for their violation.

2.5 Wittenberg shall be sub-divided in such a manner to allow sub-boards or sub-forums for the Judiciary of the Kingdom of Talossa and these sub-divisions must allow each individual court to have a corresponding sub-forum. The administration and moderation of and the enforcement of rules of conduct and/or terms or conditions of use of these judicial sub-forums shall be the responsibility of the judiciary with each court responsible for the sub-forum for that respective court only. Any parent forums of the judiciary shall be administered and moderated by the Chief Justice of the Uppermost Court.

2.6 Wittenberg shall be sub-divided in such a manner to allow sub-boards or sub-forums for the use of immigration authorities to allow them to fulfil their statutory obligations defined elsewhere. The administration and moderation of and the enforcement of rules of conduct and/or terms or conditions of use of these immigration sub-forums shall be the joint responsibility of the Secretary of State and the Minister of the Interior. Both the Secretary of State and the Minister of the Interior are permitted to delegate this responsibility to deputies if required.

2.7 Wittenberg may be sub-divided in such a manner to allow sub-boards or sub-forums for use by special interest groups or cultural organisations. The administration and moderation of and the enforcement of rules of conduct and/or terms or conditions of use of these particular sub-forums shall be the responsibility of each individual organisation; with each organisation being responsible for the sub-forum for their respective organisation only.

2.8 Wittenberg shall be sub-divided in such a manner to allow for open public areas to facilitate right of assembly. These areas may be viewable to non-citizens or they may be closed to non-citizens as required. The administration and moderation of and the enforcement of rules of conduct and/or terms or conditions of use of these particular sub-forums shall be the responsibility of the Royal Household.

3. Any rules set by the individual administrators and/or moderators of a sub-forum must not contravene the Organic Law or the Covenant of Rights and Freedoms where such a sub-forum is a public space. Private organisations in control of a sub-forum may set rules of decorum, but cannot infringe on Organic rights.

3.1 No citizen can suffer a blanket ban from all sub-divisions of Wittenberg simultaneously except by order of the Uppermost Court.