15 Apr 10 | News and features, United Kingdom
Simon Singh wins! The British Chiropractic Association(BCA) has today served a Notice of Discontinuance bringing to an end its libel claim against Dr Simon Singh. The science writer was accused of libel for an article in which he cast doubt on chiropractors’ claims of success in treatment of childhood conditions including colic, ear infections, asthma.
Earlier this month Simon Singh scored a crucial victory in his libel defence against the British Chiropractic Association. In a judgment handed down by the court of appeal, the Lord Chief Justice ruled that Singh’s contention that the BCA promoted “bogus” treatments was “a statement of opinion, and one backed by reasons”.
The judgment allowed Singh to pursue a defence of “fair comment”, the ruling could have a defining effect on the entire concept of “fair comment” in English libel law.
Update: Read the BCA’s statement here
PLUS: A good week for libel reform. All the major political parties now back change — and the campaign celebrates 50,000 signatures in support of libel reform
From the Index on Censorship archives: Floyd Abrams’s on libel Through the looking-glass
Timeline
2008 April Singh publishes an article about chiropractic in the Guardian
2008 July The British Chiropractic Association (BCA) sues Singh personally for libel
2009 May High Court gives a negative ruling on the meaning of Singh’s article
2009 June Singh asks for permission to appeal the ruling on meaning (paper application)
2009 July Mr Justice Eady rejects the application to appeal
2009 August Oral hearing on leave to appeal
2009 October Leave to appeal granted
2010 February Lord Chief Justice says he is “baffled” by case
2010 April 1 Decision on meaning of original Singh article
14 Apr 10 | Uncategorized
Traditional Ulster Voice leader Jim Allister has failed in his attempt to have leaflets printed by election rival Ian Paisley Junior banned.
Mr Allister, a QC hoping to win his young party’s first Westminster seat, maintains that the leaflets contain libellous material.
Mt Justice Gullen noted:
“It is open to argument that the words complained of do not amount to an untrue statement of fact but are part and parcel of the political opinions that seem to have been the hallmark of the campaign to date between these two candidates.
“In coming to this conclusion I am conscious of the need to ensure the free expression of opinion by those who put themselves into the democratic process for election by the population at large.
“I pause to observe again that I am far from ruling that these words may not be capable of defamatory meaning or that a jury may not come to a conclusion favourable to the plaintiff.
“I am not satisfied, however, that it is appropriate that an interlocutory injunction should be granted at this time and accordingly I refuse the plaintiff’s application.”
Mr Allister says he will press ahead with a defamation suit. So it seems, at least in North Antrim, libel is very definitely an election issue.
13 Apr 10 | Index Index, minipost
On 7 April, Enrique Lazo Flores, editor of the newspaper La Región, in the southern city of Ilo, was sentenced to 18 months in prison after being convicted of attacking the honor of Renato Ascuña Chavera, a regional politician. The jail sentence was later suspended. The lawsuit questioned a series of articles about Ascuña Chavera’s suspension from his post, for indiscipline and breach of duties, as well as criticism of his conduct published by the newspaper La Región.
08 Apr 10 | Uncategorized
Index welcomes new Conservative pledge to libel reform — all three main political parties are now committed to reform of our libel laws
The Libel Reform Campaign led by English PEN, Index on Censorship and Sense About Science have welcomed today’s commitment by Dominic Grieve, the Shadow Justice Secretary, to a Libel Reform Bill in the next Parliament. The commitment comes as the three major parties jostle to portray themselves as the party for libel reform, after the failed attempt to cut lawyers’ fees in the House of Commons on Tuesday.
The Conservative Shadow Justice Secretary, Dominic Grieve QC MP said:
The Conservative party is committed, if elected, to undertaking a fundamental review of the libel laws with a view to enacting legislation to reform them. This reform could best be done by means of a separate Libel Bill and this is the preferred approach for us.
The new Conservative position has delighted campaigners as now all three main political parties are committed to reform of our libel laws. The Conservatives have also made clear that libel reform will be in their forthcoming manifesto.
The Libel Reform Campaign has galvanised 48,000 supporters and persuaded the majority of eligible MPs to sign a Parliamentary Early Day Motion. The national campaign is believed to be the first campaign by an NGO this year to get a manifesto commitment from all three major parties.
Jack Straw committed to a Labour manifesto pledge to reforming English libel law at a mass-lobby of Parliament organised by the Libel Reform Campaign on 23 March, following his establishment of a working-party into reform of the libel laws that commenced in February. Nick Clegg, the leader of The Liberal Democrats, made the same commitment on 18 January.
John Kampfner, the CEO of Index on Censorship, said:
After the long-awaited cut to lawyers’ fees was blocked in the House of Commons this week, we’re delighted by this good news from the Conservative Party. Now, all three major political parties are committed to a Libel Reform Bill in the next Parliament.
Jonathan Heawood, the Director of English PEN said:
To have every major political party committed to reform of our libel laws shows politicians have woken up to the extent of the problem after our year-long campaign. We really do need to see primary legislation in the new Parliament.
Tracey Brown, the Managing Director of Sense About Science said:
The main political parties have committed to libel reform after our campaign energised 48,000 across the country with public talks, a huge comedy gig and our supporters sending tens of thousands of emails and letters to MPs. We’ll be keeping this momentum up after the election and we know how easily this important reform could be sidelined once the election campaign is over.
