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Guru
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UK Libel Law Reform - Judgement Coming

04/01/2010 7:37 AM

Received yesterday, 31-Mar-10

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Dear Friends

Tomorrow morning the appeal judgment in Simon Singh's case with the British Chiropractic Association will be handed down at the Royal Courts of Justice. It is going to be a very important day for us as this judgment will have implications beyond Simon's case on science writing and on libel law reform.

The judgement, written by three of the most senior judges in England and Wales - Lord Chief Justice Lord Judge, Master of the Rolls Lord Neuberger and Lord Justice Sedley - is on Simon's appeal against the preliminary ruling on meaning given by Mr Justice Eady in May 2009. It will determine whether Simon can defend his writing as fair comment or will have to justify it as fact.

Please do come to Court 4 at the Royal Courts of Justice, Strand, London tomorrow, Thursday 1st April, at 9.30 am to hear the result and show Simon your support.

Simon was interviewed about his case and the wider campaign for The Times on Saturday. Read it here: http://business.timesonline.co.uk/tol/business/law/article7078008.ece#cid

For a round up of the case so far, and possible implications of the judgement, see Jack of Kent's blog here: http://jackofkent.blogspot.com/2010/03/simons-judgment-day.html

Best

Síle Lane
Public Liaison
Sense About Science
25 Shaftesbury Avenue
London W1D 7EG

Reg. Charity No. 1101114
www.senseaboutscience.org

Sense About Science is a small charity that equips people to make sense of science and evidence. We depend on donations, large and small, from people who support our work. You can donate, or find out more, at www.senseaboutscience.org/donate

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I'll post an update as & when I know more & can get to a Wi-fi point.

CR4 links:

UK Libel Law Reform re-visited

UK Libel Law Reform re-visited

Libel Reform: Urgent Next Steps (UK Only)

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#1

From the BBC News site - Judgement Report!

04/01/2010 7:43 AM

Science writer Simon Singh wins libel appeal

Simon Singh suggested there was a lack of evidence for certain claims

A science writer has won the right to rely on the defence of fair comment in a libel action, in a landmark ruling at the Court of Appeal.

Simon Singh was accused of libel by the British Chiropractic Association over an article in the Guardian in 2008.

Dr Singh questioned the claims of some chiropractors over the treatment of certain childhood conditions.

The High Court had said the words were fact not opinion - meaning Dr Singh could not use the fair comment defence.

ANALYSIS

Clive Coleman
Legal affairs analyst

In defending a libel action the difference between a statement of verifiable fact and one of opinion can be crucial.

A defendant who has to justify a statement of fact in a case like this would have to prove that the statement was true.

That would involve calling vast amounts of scientific evidence at huge cost.

Defending a statement of opinion, so as long as it is honestly held, is much less onerous and far cheaper.

This judgement strongly endorses the view that scientific controversies should be settled by scientific debate, rather than litigation.

It will make drug companies and organisations providing therapies more cautious in bringing libel actions against those writers and academics who express strong opinion about the ethicacy of their drugs and therapies.

However, the Lord Chief Justice Lord Judge, Master of the Rolls Lord Neuberger and Lord Justice Sedley ruled High Court judge Mr Justice Eady had "erred in his approach" last May, and allowed Dr Singh's appeal.

BBC News science correspondent Pallab Ghosh says that, had the High Court ruling stood, science journalists would have required a very high standard of proof to defend libel cases.

Dr Singh described the ruling as "brilliant".

He said: "It is extraordinary this action has cost £200,000 to establish the meaning of a few words."

In the article in April 2008, Dr Singh suggested there was a lack of evidence for the claims some chiropractors made on treating certain childhood conditions such as colic and asthma.

The BCA alleged that Dr Singh had effectively accused its leaders of knowingly supporting bogus treatments.

The case has become a cause celebre for science journalists and led to calls for defamation law to be rewritten so it would not interfere with scientific debates.

TIMELINE: SINGH LIBEL CASE April 2008: Publishes blog on Guardian website criticising British Chiropractic Association. It sues for libel May 2009: High Court rules article's wording implied BCA was being consciously dishonest February 2010: Challenges ruling at the Court of Appeal, using defence of fair comment April 2010: Wins appeal on technical point, that the statements can be regarded as comment

Tracey Brown, spokeswoman for the Coalition for Libel Reform, said: "We are delighted with the judges' ruling, but it does not go far enough.

"There is a cardiologist currently being sued by a device manufacturer, we have researchers who have been unable to publish their critique of lie detector technology because of threats of libel action.

"A major science journal is also currently being sued and our academics are being told to pull down blogs."

British scientific organisation the Royal Institution welcomed the judgement.

Director of programmes Gail Cardew said: "It will encourage scientists and the public to discuss evidence freely without fear of legal threat."

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Guru
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#2

Re: UK Libel Law Reform - Judgement Coming

04/01/2010 8:06 AM

It's a very thorny subject with charlatan like 'nutritionists' (a meaningless title) hiding behind the law whilst peddling worthless and in some cases dangerous treatments.

Whilst honest purveyors of genuine magic potions like the excellent KrisDelTM range of products have to go through endless slug trials (We put a drop on a slug, if it survives we market the product)

But seriously I eagerly await the outcome, it would be nice if law actually supported reality for a change.
Del

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#3

Re: UK Libel Law Reform - Judgement Coming

04/01/2010 1:19 PM

If I read this right, it seems that the three seniormost judges have reached a good decision,even if not the best possible decision.

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#4

Re: UK Libel Law Reform - Judgement Coming

04/01/2010 4:26 PM

The comments by Tracey Brown at the end are very disturbing. If a corporate entity (or group with enough money) can press lawsuits to keep legitimate scientific criticism from being published... obviously science is under attack by people who want to buy the rights to "truth" and call it what they will.

This is very similar to the tactics used in Canada by conservative politicians: called here the "SLAPP" suits that is "strategic litigation against public participation". It is anti-democratic sabotage.

Whoever has the most money can tie up anyone in their way in the courts! Cheers for this ruling, I'll be waiting to hear an echo in our justice system...

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#5

Re: UK Libel Law Reform - Still a Long Way to go

04/02/2010 7:01 AM

Update from Sile Lane, pointing out that this is only a step in the right direction. There's still a long way to go to get the law changed .....

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Dear friends

A very quick note to make sure you heard that Simon Singh's appeal in his case with the BCA was upheld today. It means that Simon can now defend his article as comment rather than as fact, as Justice Eady had originally ruled.

Simon said today: "It is ridiculous that it has cost £200,000 to establish the meaning of a handful of words. I am delighted that my meaning has been vindicated by three of the most powerful judges in the country, and I relish the opportunity to defend this meaning in court. However, I am still angry that libel is so horrendously expensive. That is just one of the reasons why the battle for libel reform must continue."

You can read more comments from campaigners and supporters at www.libelreform.org/news/450-judgement-in-simon-singh-libel-case

And the judgment and Simon's lawyer's notes on what this means for Simon's case and for libel reform is here: http://www.senseaboutscience.org.uk/index.php/site/project/473/

Jack of Kent has blogged on the ruling here: http://jackofkent.blogspot.com/

The Guardian http://www.guardian.co.uk/uk/2010/apr/01/simon-singh-wins-libel-court

The Daily Telegraph http://www.telegraph.co.uk/news/uknews/7543685/Science-writer-Simon-Singh-wins-Court-of-Appeal-libel-battle.html

BBC Radio 4 World at One http://www.bbc.co.uk/programmes/b00rlff7

BBC online http://news.bbc.co.uk/1/hi/uk/8598472.stm

And check here for updated lists of press coverage: www.senseaboutscience.org.uk/index.php/site/project/473/

Keep an eye out for Simon, his lawyer Robert Dougans and members of the libel reform campaign on Channel 4 news, the BBC News channel, Sky News and BBC radio stations this evening.

Simon, and the campaign for libel reform, both still have a very long fight ahead of us. We are very pleased the three most powerful members of the Judiciary in England have recognised the need for libel law reform. We need to make sure everyone else does too.

Best

Sile

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