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Libel: BBC concedes to Trafigura
17 Dec 2009
BY INDEX ON CENSORSHIP

royal courts
Index on Censorship and English PEN today have expressed dismay that the BBC has conceded the libel action brought by toxic waste shippers Trafigura in the High Court. We believe this is a case of such high public interest that it was incumbent upon a public sector broadcaster like the BBC to have held their ground in order to test in a Court of law the truth of the BBC’s report or determine whether a vindication of Trafigura was deserved.

The case was brought by Trafigura after the BBC claimed in its Newsnight programme of 13 May 2009 that Trafigura had caused deaths by being involved in the dumping of toxic waste in Abidjan in the Ivory Coast.

The United Nations Special Rapporteur Prof Okechukwu Ibeanu concluded in a report on 3 September 2009 that:

“On the basis of the above considerations and taking into account the immediate impact on public health and the proximity of some of the dumping sites to areas where affected populations reside, the Special Rapporteur considers that there seems to be strong prima facie evidence that the reported deaths and adverse health consequences are related to the dumping of the waste from the Probo Koala.”

Read here

Trafigura has paid out $200 million to the government of the Ivory Coast, and in London settled for £30 million a joint action made by 31,000 Ivorians.

BBut the BBC has now apparently conceded that the toxic waste dumped by the Probo Koala did not cause deaths, serious or long-term injuries and retracted their Newsnight piece in full and removed all reports from their web site.

English PEN and Index on Censorship believe that costs were a major factor behind the BBC’s decision. According to a leading media lawyer, Mark Stephens of FSI, the cost of such a case would have been in excess of £3 million. In its statement the BBC said:

“The BBC withdraws the allegation that deaths, miscarriages or serious or long-term injuries were caused by the waste and apologises to Trafigura for having claimed otherwise.”

John Kampfner, CEO of Index on Censorship said:

“Sadly, the BBC has once again buckled in the face of authority or wealthy corporate interests. It has cut a secret deal. This is a black day for British journalism and once more strengthens our resolve to reform our unjust libel laws.”

Jonathan Heawood, Director of English PEN, said:

“Forced to choose between a responsible broadcaster and an oil company which shipped hundreds of tons of toxic waste to a developing country, English libel law has once again allowed the wrong side to claim victory. The law is an ass and needs urgent reform.”

8 responses to “Libel: BBC concedes to Trafigura”

  1. […] injuries following the August 2006 Probo Koala toxic waste incident, and in December the BBC controversially withdrew their claims and agreed to pay damages. Yet Trafigura have never published the evidence […]

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  3. John says:

    I’m pretty convinced that Index On Censorship has no idea what it’s talking about. Media today is not responsible, and I find actually has an increasingly detrimental effect on discourse and democracy. I think it’s good that a news agency can admit when it’s wrong, occasionally. They’re a government news agency, so they certainly had the funds to fight the accusations, but showed better judgement.

    In Canada, most newspapers are owned by Canwest global, Canada’s version of Fox News, and CTVGlobemedia, another conglomerate. They publish articles bashing Canada’s indigeneous people all the time. There’s not a single regular columnist that’s indigeneous. Who is censoring who? Well, Canada’s media is censoring indigeneous people. But you wouldn’t know about it following this utterly stupid website. How about the Danish cartoons? What’s missing from the debate: how are Muslims represented in Danish media? They aren’t represented. So they don’t have a chance to respond to idiotic questions like “Why are Muslims so violent?” Hmmm, well, imagine always having Fox News or the Daily Telegraph only running columns like “Why are white people so racist and ignorant?” Then only being given an occasional opportunity to respond to this.

    Until media shows that it can distinguish between libel and “responsible reporting” which it can’t, the ability of media to defame average citizens should be limited. In my opinion, media standards have dropped in the past 10-20 years. They shouldn’t be entrusted with more power. They should be given less.

  4. C Rodger says:

    Maybe, just maybe, the BBC was wrong – and lied about the whole thing. Gosh! How could that be true, we all know the BBC is the font of all truth, don’t we?

    This case, and you response, reveals your wierd reality – which says that anything you believe is true, therefore anyone else’s view is necessarily wrong and so it is unreasonable to protect it by law.

    You may be right – but grow up, stand up and admit you are left-of-centre anti-corporatre pressure group, rather than some un-biased defender of universal rights.

  5. […] Trafigura Toxic Waste Dumping Led To Deaths 21 December, 2009 — RickB So why did the BBC back down? United Nations- On the basis of the above considerations and taking into account the immediate […]

  6. M Anderson says:

    The bbc has been corrupt for years.

  7. L says:

    so disappointing, money money money, enemy of truth