Simon Singh victory doesn't mean libel laws work

This article first appeared  on liberty central

Simon Singh’s bogus journey has finally come to an end. Almost two years to the day since Singh first wrote an article in the Guardian questioning the claims made for spinal manipulation by the British Chiropractic Association, the organisation has dropped its libel case.

There is no way the BCA could have anticipated what would follow from bringing their claim against Singh. In the last year, Singh’s case has become a rallying point for free expression organisations such as Index on Censorship (who formed the libel reform coalition last December with Sense About Science and English PEN), scientists, bloggers, comics, and what Ian Sample described in the Guardian this week as a “rising army of sceptics“.

One in four British chiropractors is now under investigation by the General Chiropractic Council following a campaign by Singh’s sceptical supporters. Singh was brave in standing up to the BCA. But he was exemplary in insisting from day one that the case was not just about him. The absurdity of this case highlighted to many the injustices of English libel law, from the grossly inflated costs, to the utter inadequacy of our concepts of fair comment and public interest. In the court of appeal ruling handed down on 1 April, Lord Chief Justice Lord Judge emphasised that Singh had written an honest opinion, based on reasons, and suggested that this should be the future template for “fair comment” defences.

This is a day to celebrate for anyone interested in free expression in England and beyond. In fact, it has been an amazing week for libel reform campaigners: as the main political parties rolled out their manifestos, all three made commitments to libel reform. Meanwhile, the petition for reform passed 50,000 signatures.

What we should not imagine for one moment is that the BCA climbdown suggests that our libel laws work. The case has taken up masses of time and energy for all concerned. Meanwhile, NMT’s case against Peter Wilmshurt, another clear demonstration of the law meddling with medical science, rumbles on. And the solicitors’ letters keep turning up in the mailboxes of writers, bloggers and activists without the nerve or resources of Simon Singh.

Free expression in the UK remains threatened. Next week, the Libel Reform Coalition hosts a hustings at the Free Word Centre in London, where all three parties will be grilled on their commitment to free speech. Manifesto pledges are one thing; but we must continue to push for a genuine rethinking of UK citizens’ ability under the law to debate, argue and learn.

Keep libel law out of politics

Busy times for Carter-Ruck of late. While the thoughts of the nation turn wearily to the general election campaign, the UK’s two top political magazines have been crossing swords with the UK’s top libel lawyers.
In today’s Spectator, editor Fraser Nelson reveals his ongoing battles with Charlie Whelan, former spin doctor for Gordon Brown and current political director of the powerful Unite union. Whelan, through Carter-Ruck, threatened legal action against the right-leaning magazine after it, er, claimed he had acted like a bully.

Nelson writes on the Spectator’s Coffee House blog

Last summer, The Spectator received a letter from Charlie Whelan’s solicitors complaining about this post – where we mention their client’s spot of bother with his colleagues at Unite. Carter-Ruck were instructed on one of the no-win-no-fee deals: it cost Whelan nothing to sue, but could cost us thousands to defend. So the lawyer’s letter is, by itself, an effective form of intimidation.

Meanwhile, over at Carter-Ruck’s own website, we have this little snippet about the Spectator’s left-wing rival, the New Statesman:

Daniel Hannan MEP – An Apology
The New Statesman has apologised to Daniel Hannan, the Conservative MEP for Southeast England, in respect of defamatory allegations published on its website on 18 September 2009. The New Statesman has also paid Mr Hannan damages together with his legal costs.

The payout comes after a suggestion in a web article by James MacIntyre, suggesting the maverick Tory MEP may have made a racist comment about President Obama.

As mentioned yesterday, Traditional Ulster Voice’s Jim Allister, a QC, is threatening defamation action against North Antrim rival Ian Paisley Jr over information on an election leaflet.

Suggestion: shouldn’t our politicos stick to battling at the ballot box rather than the high court?

Ukrainian journalists targeted and attacked

Journalists from television channel TVi have written an open letter to Ukrainian President Viktor Yanukovych, demanding that he intervene to stop the Security Service of Ukraine (SBU) pressuring journalists. SBU has demanded that TVi present them with documents regarding a tender, the deal angered rival companies affiliated with the SBU’s director, Valeriy Khoroshkovskiy, whose wife runs one of TVi’s competitors. Journalists expressed concerns that SBU is turning into “a structure which backs personal and business interests of the head of the SBU, Valeriy Khoroshkovskiy, and members of his family”. And in a seperate incident on Tuesday, Ukrainian police intimidated journalists and camermen at the newspaper Ekspres. The paper’s director was arrested in Livy on charges of tax evasion. Journalists who came to the police station to cover the story claim they were handled brutally by police.  The paper had published an investigative report on corruption among lawmakers, triggering protests that disrupted traffic on a busy highway near Lviv. The attack is the fourth such incident involving journalists since the inauguration of President Viktor Yanukovych to the presidency in February.

Rwandan government suspends newspapers

Rwanda’s Media High Council(MHC) has suspended two independent newspapers just months before a presidential election. The press body has suspended publication of Umuseso and Umuvugizi for six months on charges of inciting the police and creating fear among the public. The Kinyarwanda-based weekly tabloid violated article 83 of Rwanda’s media law, according to chairman of the MHC Arthur Asiimwe. Human Rights Watch claimed earlier this year that opposition activists are facing increasing threats as the next presidential election approaches in August.

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