I haven’t talked about Simon Singh’s Libel Case much on this blog, but in short, Singh is a science writer who wrote an article that was critical of Chiropractic in The Guardian in 2008. I’ll repost the article below the fold
(edited to remove the “libelous” word), but the important bit is this:
You might think that modern chiropractors restrict themselves to treating back problems, but in fact some still possess quite wacky ideas. The fundamentalists argue that they can cure anything, including helping treat children with colic, sleeping and feeding problems, frequent ear infections, asthma and prolonged crying – even though there is not a jot of evidence.
He went on to call these treatments bogus, and rather than responding with evidence to back up their claims, the British Chiropractic Association sued Singh for libel. UK libel laws are crazy in that the burden of proof is put on the defendant, so suing someone for libel carries almost no risk. Usually these cases are settled out of court because of the tremendous stress and expenses put on the defendant. But Singh bravely decided to fight back, which is helping to bring attention to the unjust laws. After all, how can a country have free and open debate over issues such as alternative medicine if it’s so easy for practitioners of questionable methods to silence their critics?
Singh’s case started off with an unfortunate decision to define his use of the word bogus in a way that he didn’t mean it:
The judge held that by the mere use of the word “bogus” Simon Singh was stating that, as a matter of fact, the BCA were being consciously dishonest in promoting chiropractic for those children’s ailments.
Using this definition of bogus, Singh would have to prove that the BCA were being dishonest in order to win his case. That’s pretty much an impossible task, so he appealed that decision and today I got an update from Sense About Science:
Simon said after the hearing: “First of all, thanks to everyone who came to the Court of Appeal today, and everyone who has been so supportive over the last two years. Without your goodwill, I probably would have caved in a long time ago.
I am delighted the Court of Appeal has decided to reconsider the meaning of my article about chiropractic, and I am particularly glad that three such eminent judges will make the ruling. They grilled both sides on all aspects of the appeal. However I should stress that whatever the outcome there is still a long way to go in this libel case. It has been almost two years since the article was published, and yet we are still at a preliminary stage of identifying the meaning of my article. It could easily take another two years before the case is resolved.
More important than my particular case is the case for libel reform and I know that you share my concern on this matter. My greatest desire is that journalists in future should not have to endure such an arduous and expensive libel process, which has already affected the careers of health journalists such as Ben Goldacre, and which is currently bearing down on the eminent cardiologist Peter Wilmshurst. If Peter loses his case then he will be bankrupted. Please continue to spread the word about libel reform.”
Simon’s solicitor Robert Dougans of Bryan Cave LLP said: “It was encouraging to see three such senior judges taking such an interest in the appeal, and the BCA’s counsel was given a thorough grilling by the court.
What was significant was that the Lord Chief Justice said he was surprised that the BCA had not taken the opportunity offered them back in 2008 to publish their side of the story in the Guardian, rather than insisting Simon apologise and beginning proceedings. He also said it was a waste of both parties’ time and effort. I hope that this is borne in mind by MPs when they grapple with the need for libel reform.”
There’s no decision yet, but it’s encouraging that these judges are taking Singh’s appeal seriously. Hopefully they’ll make the right ruling on what he actually meant when he used “bogus” in his article.
Unfortunately after the definition of “bogus” is determined he still has to defend his article, and he could still lose the case. To find out more about his case and how you can help click here.
(Don’t forget that you can read the article that he’s being sued over below the fold, but also please remember that I know very very little about law, so to read some more coherent and detailed information about this case Jack of Kent has a fantastic blog)