British libel law strikes again

[David Farber <dave () farber net>]

Begin forwarded message:

From: "Wendy M. Grossman" <wendyg () pelicancrossing net>
Date: May 9, 2009 8:33:32 AM EDT
To: Dave Farber <dave () farber net>
Subject: British libel law strikes again
Reply-To: wendyg () pelicancrossing net

For IP if you wish:

On Thursday, the British judge Sir David Eady made a disturbing and  
alarming ruling in a libel case brought by the British Chiropractic  
Association against Simon Singh (www.simonsingh.net), author of many  
science books including Fermat's Last Theorem and, germane to this  
case, Trick or Treatment? Alternative Medicine on Trial (cu-author  
Edzard Ernst). Singh also writes for the Guardian, and the libel case  
turned on a statement he made in a piece he wrote on chiropractic for  
the Guardian's comment pages.

The legal blogger Jack of Kent explains the legal ins and outs of this  
ruling much better than I can in two posts. The first is a summary of  
what happened at the hearing on Thursday; the second opens the  
discussion of Singh's options:

http://jackofkent.blogspot.com/2009/05/bca-v-singh-astonishingly-illiberal.html

http://jackofkent.blogspot.com/2009/05/what-should-simon-singh-do-next.html

Briefly, the judge ruled that Singh's use of the term "bogus" for  
chiropractic in certain circumstances was a statement of fact rather  
than a comment, which under the British legal system puts Singh in an  
impossible position: at a trial he would have to prove that the  
*judge's* interpretation of what he said is factually true. He can  
appeal the ruling, but because it hinges on the *meaning* of the  
passage at issue, apparently it's very rare for this sort of ruling to  
be overturned.

If it stands, the ruling is bad enough for Singh, who will have to pay  
the BCA's costs. But it will have an even more terrible effect on  
critiquing anything to do with pseudoscience or alt-med: talk about  
chilling effects.

wg
Founder, the UK's The Skeptic magazine (www.skeptic.org.uk)




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