Libel reform — mass blog posting

I post the following at the suggestion of Simon Singh:

This week is the first anniversary of the report Free Speech is Not for Sale, which highlighted the oppressive nature of English libel law. In short, the law is extremely hostile to writers, while being unreasonably friendly towards powerful corporations and individuals who want to silence critics.

The English libel law is particularly dangerous for bloggers, who are generally not backed by publishers, and who can end up being sued in London regardless of where the blog was posted. The internet allows bloggers to reach a global audience, but it also allows the High Court in London to have a global reach.

You can read more about the peculiar and grossly unfair nature of English libel law at the website of the Libel Reform Campaign. You will see that the campaign is not calling for the removal of libel law, but for a libel law that is fair and which would allow writers a reasonable opportunity to express their opinion and then defend it.

The good news is that the British Government has made a commitment to draft a bill that will reform libel, but it is essential that bloggers and their readers send a strong signal to politicians so that they follow through on this promise. You can do this by joining me and over 50,000 others who have signed the libel reform petition at www.libelreform.org/sign

Remember, you can sign the petition whatever your nationality and wherever you live. Indeed, signatories from overseas remind British politicians that the English libel law is out of step with the rest of the free world.

If you have already signed the petition, then please encourage friends, family and colleagues to sign up. Moreover, if you have your own blog, you can join hundreds of other bloggers by posting this blog on your own site. There is a real chance that bloggers could help change the most censorious libel law in the democratic world.

We must speak out to defend free speech. Please sign the petition for libel reform at www.libelreform.org/sign

Simon Singh to appeal

It's great news that Simon Singh is to appeal the nonsensical ruling in the libel case brought against him by the British Chiropractic Association. We know that quack-merchants often resort to law when challenged, rather than produce evidence to support their claims. This diversionary tactic needs to be exposed.

English libel law is not an appropriate tool in such disputes, but I wonder if perhaps it has been unfairly mis-characterised. Some maintain that Singh is being asked to prove a negative, when all sceptics know that the burden of proof rests on those making the claim. But in this case Singh did make a public claim, that the BCA "happily promotes bogus treatments" - and the BCA has demanded, in a court of law, that he prove his claim. That the BCA would have difficulty in proving their own claims for the efficacy of chiropractic is a separate issue - strictly it's not their claims that are under examination here.

Singh's claim, however, is clearly justified: the treatments to which he refers are promoted by the BCA (and presumably they wouldn't promote these treatments if they weren't "happy" with such promotion), and plenty of trials, studies and surveys have shown that these specific treatments are indeed "bogus" - that is, "not genuine or true" (Concise Oxford English Dictionary, eleventh edition). The BCA may dispute the plethora of evidence that their treatments are bogus, and as a result may sincerely believe in the efficacy of the treatments, but bogus they remain. Contrary to the judge's interpretation, Singh made no claim in his Guardian article as to whether or not the BCA was knowingly promoting treatments that don't work.

It will be a scandal if Singh loses this appeal, because such a result would reinforce the erroneous idea that libel law is an appropriate instrument for quashing dissent and scientific scrutiny.

I think Simon Singh has a good case for defence - but I am not a lawyer. For comprehensive insight from someone who his, check out Jack of Kent. To sign the statement of support, go to Sense About Science.