legal chill
sciencepunk | November 10, 2010This time last year I sat in a small room at the Law Society surrounded by far more luminary individuals such as Simon Singh and Dara à Briain for the launch of the report Free Speech is Not for Sale, which highlighted the oppressive nature of English libel law. In short, the law is extremely hostile to writers, while being unreasonably friendly towards powerful corporations and individuals who want to silence critics. The guests heard from scientists, comedians, and journalists who had been gagged by these laws.
The English libel law is particular dangerous for bloggers, who are generally…
sciencepunk | February 7, 2010Some time back I wrote to my MP, Lib Dem Richard Younger-Ross, to ask why he hadn't signed up to Early Day Motion 423 for libel law reform. I'm please to say I've received a reply in a bundle of forwarded mail. The news in a nutshell: Richard Younger-Ross wholeheartedly supports the campaign for libel reform!
"As a nation we have found ourselves in the position where doctors who criticise heart implants and journalists who expose corporate cynicism are being sued in our courts for libel, rather than being congratulated for trying to save lives. This has to change. While individuals need a…
sciencepunk | December 15, 2009Last week I attended the launch of the Campaign for Libel Reform, a coalition of Index on Censorship, English Pen, and Sense About Science. Editors, writers, journalists, scientists and comedians came together to sign a petition demanding that Government address the problem of libel laws in this country, which stifle free speech, suppress research findings, gag journalists and silence critics. You can read their report describing how libel laws damage free speech here. The coalition is expected to grow to include human rights groups and other interested parties over the next year, but in…
sciencepunk | November 9, 2009In the fight against companies and individuals using legal threats to silence critics, charity Sense About Science is beefing up its campaign to reform the UK's ill-constructed libel laws.
Dear friendsThis is an exciting time to talk to you about libel law reform.As many of you know, Simon Singh's libel case was back at the Court of Appeal where he was granted permission to appeal. While the best possible result, there is a long way to go; the appeal will be in February 2010. (More at: http://jackofkent.blogspot.com/2009/10/permission-granted.html and http://www.senseaboutscience.org.uk/…
sciencepunk | October 15, 2009The BCA have posted this press release in response to news that Simon Singh has been granted leave to appeal, stating:
The BCA supports and would never seek to stifle legitimate open scientific debate. However, this action is actually a simple libel claim based on the fact that the BCA was maliciously attacked by Dr. Singh in the Guardian newspaper.
As legal blogger Jack of Kent explains, this is a significant and troubling development:
If Simon is held to be malicious then this means that he would lose various defences available to him such as fair comment and also any qualified…
sciencepunk | October 14, 2009
Simon Singh is a UK science writer currently being sued for libel by the British Chiropractic Association following a critical article on chiropractic treatments published in the Guardian.
Yesterday Simon went to court to fight for his right to appeal the preliminary ruling by Judge Eady. Silé Lane of Sense About Science reports:
Dear friendsI'm very pleased to tell you that earlier today in the Royal Courts of Justice Simon was granted permission to appeal the ruling on meaning in his libel case with the BCA. Read more about the judgement here. The appeal will probably be early next year…
sciencepunk | October 12, 2009Most of the UK press are avoiding this story for obvious reasons, so kudos to Alex Massie and the Spectator for breaking rank:
This time, perhaps even the lawyers have gone too far. It's hard to recall, even in the long history of appalling gagging orders, a more disgraceful injunction than this:
The Guardian has been prevented from reporting parliamentary proceedings on legal grounds which appear to call into question privileges guaranteeing free speech established under the 1688 Bill of Rights.Today's published Commons order papers contain a question to be answered by a minister later this…
sciencepunk | September 22, 2009
Charity Sense About Science are running a campaign to stop libel laws silencing legitimate scientific debate in the UK. Currently producer and author Simon Singh is facing a £100,000 legal bill for an article he wrote questioning the effectiveness of chiropractic treatments. Many others like him have been forced to withdraw criticisms of pharmaceutical companies and other organisations after being threatened with legal action. Sense About Science are preparing a report on these cases, and need your help:
Hello allAs some of you will be aware we've had some fantastic news for our Keep…
sciencepunk | August 11, 2009SÃle Lane at Sense About Science reports:
Simon Singh announced today that he will continue the fight in his libel case with the British Chiropractic Association after his application to appeal the preliminary ruling was rejected last week. He has now has the option to try and overturn that decision at an oral appeal. If this fails his case will be tried on a meaning of a phrase he did not intend and is indefensible. This highlights the problem of narrow defences that, along with high costs and wide jurisdiction, make the English libel laws so restrictive to free speech.Simon said today: "I…
sciencepunk | June 24, 2009
News just in: tomorrow's issue of Nature will feature a full page ad donated by the magazine asking people to sign up to the campaign to keep libel laws out of science. Managed by Sense About Science, the petition has already collected over 12,000 signatures, from world-renowned scientists and journalists to informed and passionate members of the public. If you haven't done so already, visit the website and show your support. You can also purchase badges and t-shirts, money raised from these will go toward a legal fund for others facing libel attacks.
The Culture, Media and Sport Select…
sciencepunk | June 9, 2009
Le Canard Noir reports on a dramatic turn in the ongoing ruckus between chiropractors and supporters of Simon Singh: the McTimoney Association, an organisation of chiropractors, has ordered its members to remove their websites with immediate effect.
Date: 8 June 2009 09:12:18 BDTSubject: FURTHER URGENT ACTION REQUIRED!Dear MemberIf you are reading this, we assume you have also read the urgent email we sent you last Friday. If you did not read it, READ IT VERY CAREFULLY NOW and - this is most important - ACT ON IT. This is not scaremongering. We judge this to be a real threat to you and…
sciencepunk | June 4, 2009
Simon Singh has announced that he intends to appeal Judge Eady's ruling:
The article was about an issue of public interest, namely childhood health and the effectiveness of particular treatments for some serious conditions. Hence, I was not prepared to apologise for an article that I still believed was important for parents to read, and which I believed was accurate and legally defensible.The final reason for fighting on was that I knew that I was able to devote the time, money and energy required for a long legal battle. Most journalists would have been forced to back down and settle under…
sciencepunk | May 31, 2009Nick Cohen has a great article in the Observer discussing the British Chiropractic Association's legal action against science writer and producer Simon Singh:
Reputable medical authorities could test the evidence and decide whether the treatments work or not. Instead of arguing before the court of informed opinion, however, the BCA went to the libel courts and secured a ruling from Mr Justice Eady that made Singh's desire to test chiropractors' claims next to impossible. Because Singh used the word "bogus", the judge said he had to prove that chiropractors knew they were worthless but "…
sciencepunk | May 13, 2009
David Green says:
I understand that Simon Singh will announce whether he will appeal on Monday 18 May 2009 at a public support meeting to take place in London at 6.30pm.The venue will be the Penderels Oak, the usual meeting place of London Skeptics in the Pub. As well as Simon Singh, the leading UK journalist Nick Cohen will be speaking. Other speakers are currently being confirmed. For more, see Jack of Kent's blog.I also have an article in this week's New Scientist, see here.Many thanks for your support!
Sadly I'll be in London a day too late to attend, but if you're in the area you should…
sciencepunk | May 6, 2009
If you're free in the capital today, head to the Royal Courts of Justice for the preliminary hearing of the British Chiropractic Association's libel case against science writer, journalist and broadcaster Simon Singh. The hearing will clear up some legal grey areas and decide what the judge requires as a valid defence for the full trial in autumn.
The case stems from comments made by Simon in his book Trick or Treatment, and an article published in Guardian entitled "Beware the spinal trap" (mirror). The BCA seem to consider it defamatory to tell people there is no evidence that the…