One of the nice things about the blog interface at WordPress is the way it flags up posts from other blogs that might be related to those on your own site. A good example is an item at a site which is quite new to me called Cubik’s Rube. This particular one alerted me to an update about the Simon Singh libel action which I’ve blogged about before, in a post that generated a great deal of debate and discussion.
If you recall, Singh is being sued for libel by the British Chiropractic Association (BCA) for damages after he labelled some of their treatments bogus in an article written in The Guardian. The newspaper settled and withdrew the piece from its website but Singh decided to fight the action. At a pre-trial hearing the judge ruled that his use of the word bogus would be interpreted as meaning that the therapies being offered by the BCA were not only worthless, but that the BCA knew they were worthless. To win his case Singh would have to prove both these claims were true. Simon Singh claimed he never intended that meaning and vowed to appeal. That was the situation in June 2009, at the time of my previous post.
Things moved on a bit while I was away last week. In an order sealed on 30 July 2009 the Court of Appeal has refused Singh leave to appeal, thus piling the pressure even further on him to settle the action and restricting his options even further. For a clearer explanation of the legal issues involved than I could ever manage, see the article by famous legal blogger Jack of Kent.
One side issue is worth mentioning, however, which is that it is apparently unclear from a legal point of view whether the BCA has standing to sue for defamation at all since it is a corporation without shareholders. It seems strange that such a basic issue would be unresolved. Surely there must be relevant precedents?
Meanwhile the BCA has issued a conciliatory statement, implying that it would prefer for the case to be settled out of court. This seems a bit surprising given that they would appear to hold all the cards, but the answer probably lies in the appalling public relations gaffe it has made over its presentation of alleged evidence for its therapies.
Challenged (largely by bloggers) to present evidence for the effectiveness of its therapies for certain paediatric conditions (such as asthma, infantile colic and even bed-wetting), the BCA produced a report containing a “plethora” of evidence, dated 17th June 2009. This dossier – cobbled together from 19 research papers, most of which don’t really support their case at all – turns out to have been the epitome of dodginess and over the last few weeks it has been comprehensively dissected, discredited, debunked and demolished all over the blogosphere. A recent editorial in the British Medical Journal described its own refutation of the BCA’s claims to be “complete”.
I doubt if the BCA wants to see its credibility further undermined by having its so-called evidence savaged again in open court, which probably explains why they might prefer to settle than carry on the case. Nothing said in court can be subject to the libel laws.
But it’s an amazing blunder by the BCA to have presented such a shaky collection of evidence in the first place. All it has achieved is to make them look like fools.
Anyway, it’s now a peculiar situation. It still looks like Singh can’t win the case unless he can prove the BCA are dishonest rather than merely inept. And the BCA stands to fall even lower in public esteem if it goes to trial. If Singh can afford it he could fight on regardless and hope that if he loses the damages will be bearable. Morally, though, he will have won.
But the really impressive thing to me is the way that expert bloggers have forced the BCA into a corner. I think this is probably a sign of the way science is changing through use of the internet’s ability to communicate complex things so rapidly.



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