Aviation Herald under legal threat

I have been a fan of Aviation Herald for some time. It provides informed in-depth information on aviation incidents worldwide and is considered an authoritative reference for news services.

The site is now under threat due to negative comments made by its readers about a single airline, which everyone is presuming to be Ryanair, since the legal threat follows this report:

"Incident: Ryanair B738 at Memmingen on Sep 23rd 2012, descended below minimum safe height

By Simon Hradecky, created Monday, Dec 3rd 2012 17:52Z, last updated Wednesday, Dec 5th 2012 12:33Z 
A Ryanair Boeing 737-800, registration EI-DAC performing flight FR-3214 from Manchester,EN (UK) to Memmingen (Germany) with 135 passengers and 6 crew, was on a visual approach to Memmingen's runway 24 turning onto but overshooting the extended runway centerline at high vertical descent rate. While attempting to align on the extended runway centerline, the aircraft still descending at high rate of descent, the aircraft descended below required minimum height of 1000 feet AGL about 4nm ahead of the runway threshold. Following an EGPWS warning "CAUTION TERRAIN!" the crew levelled off reaching a minimum height of 450 feet AGL and began to climb the aircraft, climbing through 460 feet AGL the crew received a "TERRAIN! TERRAIN! PULL UP! PULL UP!" EGPWS alert and initiated a go-around. The aircraft landed safely on their second approach.

In their monthly bulletin Germany's BFU rated the occurrence a serious incident and opened an investigation reporting the minimum safety height was 1000 feet AGL however the aircraft descended to 450 feet AGL before beginning to climb again, in response to the "Terrain! Pull Up!" warning the crew initiated a go-around, all of the sequence happening within seconds. The BFU used information off the Quick Access Recorder, radar data by DFS (German Air Traffic Control provider) and crew testimony for their report.

Ryanair reported on Dec 4th 2012, that the crew did not receive a "Caution Terrain" message, never levelled off but initiated the go-around prior to the "Terrain! Pull up!" EGPWS warning. There is no minimum height applicable to this type of approach. The incident was reported to the relevant Authorities less than 12 hours after the event, all data have been provided. In a subsequent phone call on Dec 4th 2012 Ryanair's chief pilot stated that the crew initiated the go-around prior to the "Caution Terrain" (confirming the Caution Terrain message disputed by Ryanair's press officer in e-mail before) and "Terrain! Pull Up!" message, that followed the Caution Terrain message almost instantly, and voiced concern that the sequence of events as portrayed by the BFU report create the impression the crew ignored warnings, something which is not at all tolerated within the company, rather than the crew preemptying the warnings.

Later Dec 4th Ryanair issued an official press release reading: "Ryanair flight FR3214 (Manchester - Memmingen) on 23 Sept last was on its final approach to the runway in Memmingen when they encountered unexpectedly high tail-winds. The crew decided to initiate a go-around procedure in-line with Ryanair operating policy. After they had already commenced the go-around the aircraft warning systems sounded and the crew completed their go-around, landing normally a short time later. This incident was reported to the IAA on 24 Sept, and is the subject of an ongoing investigation."

On Dec 5th Ryanair's press office sent an e-mail and phoned The Aviation Herald to the effect that they never disputed the "CAUTION TERRAIN" message actually claiming the first e-mail sent to The Aviation Herald on Dec 4th had been drafted by Ryanair's Chief Pilot and signed off at the top ranks of the airline. This e-mail demanded apologies by The Aviation Herald as well as removal of the story altogether. At the end of that conversation on Dec 5th it was decided upon request by Stephen McNamara that the initial e-mail should be published in full:

Dear Simon

I refer to your summary analysis of the BFU bulletin published in Aviation Herald today . The AH analysis contains a number of inaccurate claims relating to the incident that occurred on 23rd Sept at FFM .

1. There was no required 'minimum height' of 1000' applicable to this approach

2. The crew did not receive a 'CAUTION TERRAIN' warning before the go around was commenced .

3. The crew did not level off at any stage during the approach.

4. The crew initiated the Go Around before the 'Terrain Terrain PULL UP' warning and not after the warning, as claimed in the bulletin.

Ryanair reported this incident to the Regulatory Authorities less than 12 hours after a report was filed by the crew . We have provided the BFU (via AAIU ) with all of the data for this flight . We ask that the article be removed from the Aviation Herald website and an apology be issued by the AH for implying that the crew did anything wrong when recovering from this unstable approach incident.

This article is being picked up internationally and is inaccurate.

Please give this your urgent attention and call me to discuss.

Regards
Stephen
Stephen McNamara
Head of Communications
Ryanair Head Office
Dublin Airport"

This is, in my opinion, a case of unacceptable strong-arm tactics by an unscrupulous business against a highly-professional organisation.

It is well known that Ryanair and its CEO go out of their way to get any sort of publicity, after all "there is no such thing as bad publicity". So why are they surprised that so many people seem to hate them? Not forgetting that the internet is the ideal medium for spreading negative sentiment about any product or service.

Up to what point can the website be held responsible for its readers' comments and opinions? Surely it is not responsible for censoring comments made by third parties!

I hope that this matter gets the publicity it deserves and Ryanair is inundated with complaints. I have never flown Ryanair, never will.