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Simon Singh Talks With Wired About His Libel Battle
smellsofbikes writes "Wired has a short but pithy interview with Simon Singh about his defense against a libel suit brought by the British Chiropractic Association, in which he spent more than $200,000 and emerged victorious."
You forgot economics.
Faster! Faster! Faster would be better!
The cost isn't a signifier of importance. It is a repudiation of a self-serving system of law that punishes innocent people by forcing them to outlay large sums of money to protect themselves from rapacious litigants. When faced by a wealthy opposition, those of lesser means very often have to cave in and accept defeat simply because they have no means of defending themselves. Hopefully the loser-pays rules will be put to effect here but that doesn't justify the need to pay so much upfront for protection from the law.
FWIW. I knew who Singh was before this case came up.
I am becoming gerund, destroyer of verbs.
If nothing else, the story is that it costs $200,000 to defend against false libel claims in British courts. Remember, this isn't the criminal justice system where you have the choice of a state-appointed lawyer or spending the money on your own. If he hadn't spent the $200,000, he would have needed to bow down to every ridiculous demand of the the British Chiropractic Association, despite being obviously correct in what he says. Freedom of Speech doesn't mean freedom to lie arbitrarily about people. But it does need to include the freedom to critique. In England, that right does not exist.
We actually have laws on the books now in America specifically to protect Americans from being sued under the UK's ridiculous libel laws. It's a terrible system, and it has to change. That is the story.
The ______ Agenda
Amusingly enough, the US actually has laws protecting US Citizens from UK libel laws. IANAL, but in the US you need to show that the defendant was malicious or reckless, and the claimant has to prove that the claim is false. In the UK, it is on the defendant to prove that the claim is true.
So while the problem of buying justice in civil actions is true across the board, the UK is particularly egregious in this respect. Supposedly the UK government will propose a libel reform in March of next year, though details have not been forthcoming.
The ______ Agenda
Singh didn't actually win, the BCA dropped their case when they could see mounting pressure from the public, high profile intellectual celebrities and politicians. A huge difference in law. The last thing the fraudsters within the BCA want is a valid examination of their cure-all claims. The only good from this case is its high profile nature and possible UK libel law reform.
He did have the proof to back up what he said - that the treatments were bogus. I.e. there is plenty of evidence that they did not work (more accurately no evidence that they do better than a placebo). The original judge decided that "bogus" meant that the supplier was dishonestly lying about it too, and that was the libellous claim, and that is the appeal he won. In any case he probably could have won the argument as he could have shown that the Chiropracters ought to have known about the studies that showed the lack of effect, and if they did not they were negligent, and if they did they were dishonest. This however was a much tougher argument, with room for scope of argument on "dishonest". Notably the BCA had to issue warnings to members to remove claims from websites and literature as there were many making claims that could not be backed up.This suggests that he probably had a point anyway. The effect is now that many people will not speak out against treatments without any medical value and dodgy medical claims for fear of being sued - even if they win they lose a few years of their life and earnings.
Simon Singh is an idiot if he thinks he can make libellous comments about the BCA *without having the proof to back up what he says*. There is the concrete defence against libel cases in the UK - be able to prove what you say. Simple.
1) The judges ruled that Sing's comments fell under 'fair comment', an expression of his opinion that was allowed under freedom of expression, whether or not what he said was actually true. See http://www.bailii.org/ew/cases/EWCA/Civ/2010/350.html
2) The BCA was asked to show the evidence it had that Sing was wrong - ie. that chiropractors could treat common childhood illnesses. The evidence was examined in the British Medical Journal and found to be a load of crap - half the studies they cited had nothing to do with chiropractic, they misrepresented the conclusions of others and the remaining had basic methodological errors making them invalid: http://www.bmj.com/content/339/bmj.b2766.full?view=long&pmid=19589818
So far from being an idiot Sing was proven completely right - not only he can make 'libellous' comments against chiropractic because of free speech laws but those comments were actually proven to be correct.
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