Thursday, April 1, 2010

Reality Check: Yep, It's Still Here After All

"Science writer Simon Singh today took a major step towards defeating a libel action brought against him by a group of chiropractors.

The Court of Appeal handed him the right to use the defence of 'fair comment' over an opinion piece Mr Singh wrote in the Guardian in April 2008 suggesting there was a lack of evidence for the claims some chiropractors make on treating certain childhood conditions, including colic and asthma.

He was accused of defamation by the British Chiropractic Association (BCA), which alleged that Mr Singh had in effect accused its leaders of knowingly supporting bogus treatments.

In a preliminary ruling in the dispute at the High Court last May, Mr Justice Eady held that Mr Singh’s comments were factual assertions rather than expressions of opinion and, as such, he would have been forced to prove it was his assertion were true or use the defence of responsible journalism.

Today, however, the Lord Chief Justice Lord Judge, Master of the Rolls Lord Neuberger and Lord Justice Sedley ruled that Mr Justice Eady had 'erred in his approach', and allowed Mr Singh’s appeal. The result means he needs only to prove that it was reasonable for him to hold the opinions he does, that the subject was in the public interest and they were based on fact.

Mr Singh described the ruling as 'brilliant'."
-- Jenny Booth, bringing scientists, skeptics, anti-quack activists, and those against England's libel laws, some welcome news - as this case proves, we're winning big time, on several key fronts - a just reward for the valiant efforts individuals are undertaking to confront and chronicle society's ugliest legal and philosophical excesses, in what no one should refer to as The Times Online.

2 comments:

  1. An optimistic conclusion is quite rare for you and it causes me doubt, skeptic that I am.

    ReplyDelete
  2. I've been following Singh's situation on another list.

    Great decision.

    What is it with the Brits and Canadians?

    And I have concerns we are headed there when the president of the most powerful nation in the world with the free-est speech tells the citizens to "tone down" their (opposing) comments.

    Did he ever walk out of Jeremiah Wright's sermons?

    No. He named a book from one.

    ReplyDelete

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