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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.
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BBC Press statement
The BBC has played a leading role in bringing to the public’s attention the actions of Trafigura in the illegal dumping of 500 tons of hazardous waste in Abidjan in 2006. The dumping caused a public health emergency with tens of thousands of people seeking treatment.
Last month, Trafigura agreed to pay victims of the waste around £30 million in compensation, having previously paid compensation of over £100 million to the Ivory Coast government.Trafigura brought libel proceedings against the BBC over one aspect of its reporting: claims that the waste had caused deaths, miscarriages and serious long term health effects. An official Ivory Coast Government report into the incident had stated that people had died because of the waste and a recent United Nations report also found that there was strong prima facie evidence linking the waste to a number of deaths.
Last month Trafigura agreed to pay victims of the waste around £30 million in compensation for sickness suffered. However, the experts in that case were not able to establish a link between the waste and serious long term consequences including deaths. In light of this, the BBC acknowledges that the evidence does not establish that Trafigura’s slops caused deaths, miscarriages or serious or long term injuries. Accordingly, the BBC has withdrawn those allegations and has agreed to broadcast an appropriate apology on Newsnight. The BBC will pay £25,000 to a charity of Trafigura’s choice.
Comedian Robin Ince appeared on the Daily Politics on BBC2 at 12pm today condeming libel law in the UK and backing Index on Censorship and English Pen’s campaign on libel reform.
To watch the video click here.
To sign the petition on libel reform and for more information on the campaign click here.
Launch of the Libel Reform campaign and the English PEN and Index on Censorship “Free Speech Is Not For Sale” report
12 – 2pm, 10th November 09. Light lunch provided.
Free Word Centre, 60 Farringdon Road, EC1R 3GA
Index on Censorship and English PEN fear:
“We’re becoming a global free speech pariah”
“Our libel laws allow people accused of funding terrorism or dumping toxic waste in Africa to silence their critics whilst ‘super-injunctions’ stop the public from even knowing that such allegations exist. We need to reform our libel laws now, and that’s why we’re launching a national campaign to persuade our politicians to do so.”
Jonathan Heawood, Director of English PEN
“If we don’t act we’re at risk of becoming a global pariah. There are US States who view English libel law as so damaging to free speech they have passed laws to effectively block the decisions of English judges. Our report is an important milestone in modernising our antiquated and chilling approach to free expression.”
John Kampfner, the CEO of Index on Censorship
English PEN and Index on Censorship will be publishing their report on English libel law reform, and launching the Libel Reform campaign, at the Free Word Centre on 10 November.
English PEN and Index on Censorship have been looking into these issues in detail for over a year now and it has become increasingly clear that English libel law and the use of ‘super-injunctions’ are having a profoundly negative impact on freedom of expression, both in the UK and abroad. Writers such as Simon Singh, and respected current affairs programme Newsnight, have found themselves facing defamation suits, whilst human rights campaigners are often forced to edit and retract articles in the face of potential libel action.
The Libel Reform campaign will bring together Index on Censorship and English PEN to mount a national campaign with a website launched on 10 November to persuade politicians from all parties of the importance of reforming these unjust laws.
Update: Read the Independent’s interview with Index on Censorship’s John Kampfner here