Climate Researchers Fight Back
tomduck writes "The Guardian reports that climate researcher Andrew Weaver is suing the National Post newspaper in Canada in a libel action for publishing 'grossly irresponsible falsehoods.' The Post claimed he cherrypicked data to support his climate research, and tried to blame the 'evil fossil fuel' industry for break-ins at his office in 2008 to divert attention from mistakes in the 2007 IPCC report. This comes fast on the heels of another Guardian article describing lessons learned from the exoneration of UEA scientists involved in the so-called Climategate affair. Are climate scientists finally fighting back against their critics, who they were previously more inclined to ignore?"
I posted this on the CBC news website:
Okay, I'm going to try to do a bit of an analysis of Weaver's claim. Now, I am not a lawyer - I'm a writer, a researcher, a publisher, and I work part-time doing writing and editing for a faculty of law. So, any errors are my own.
This is essentially a far-reaching libel claim. This means that two things have to be proven: first, that the National Post made a deliberate misrepresentation; second, that the Post did so with malice - they did it specifically to cause harm. If both can't be proven, the claim doesn't stand in court.
So, Weaver is launching a two pronged attack here - the first is against the Post itself for certain articles. The second is against some of the posters commenting on those articles.
First, the National Post itself: this will become a battle of sources. If the Post defends itself on that one, it will attempt to demonstrate that Weaver did say those things, and he's actively trying to rewrite history. So, the Post will have to bring out original rough notes for the articles to back-date Weaver's comments. So long as they can do that, even if the Post did say something wrong, then they can demonstrate that the errors were not deliberate, and the libel claim will fail.
Second, the NP forum posts: this one strikes me as a boneheaded move, frankly. There is simply no way to prove that the forum posters made any deliberate misrepresentations. Even if some of the comments were vicious, there isn't any way to demonstrate that an anonymous voice on a forum was knowingly lying.
Finally, malice: again, another very difficult thing to prove. This would require a paper trail or somebody able to testify that there was a targeted attack. Right now, the claim itself has innuendo, but not a trail to prove an attack.
For those who want to take a close look of their own, the claim is at http://www.desmogblog.com/sites/beta.desmogblog.com/files/andrew%20weaver%20statement%20of%20claim.pdf
Robert B. Marks
Author, Demonsbane in Diablo Archive
Um, you seemed to have ignored the first two thirds of his comment. You know, the part about how NASA assumes that we are .001 of a degree warmer than we were over seventy years ago. Really? We were accurate to 0.001 of a degree when measuring the world's climate average back when the Charleston was all the rage and cars still had wooden tires? And you are seriously willing to give up rights on that assumption?
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