Crispian Jago is a skeptical blogger who does very funny, very clever things. Here’s his latest: The Ladybird Book of Chiropractic Treatment and English Libel Law.
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 Accordingly, the BBC has withdrawn those allegations and has agreed to broadcast an appropriate apology on Newsnight.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.
The BBC has today withdrawn claims made on flagship news programme Newsnight that oil-trading company Trafigura caused deaths in the Ivory Coast after toxic waste was dumped there. in a settlement designed to head off a potentially massively expensive libel case, the BBC will make a small donation to charity at Trafigura’s request.
While other sources, including the British government, claimed that Trafigura’s actions had caused deaths in Abidjan, the Ivory Coast’s largest city, Newsnight was unable to independently verify the claim.
Sources at the BBC say the corporation faced up to £3 million in legal costs if it defended the case against Trafigura.
Read BBC court statement here