Keep libel laws out of science
Sense About Science are running a campaign, in the wake of the Singh vs BCA case (more information from the excellent Jack of Kent), to keep libel laws out of scientific debate and are seeking signatures for this statement
We the undersigned believe that it is inappropriate to use the English libel laws to silence critical discussion of medical practice and scientific evidence.
The British Chiropractic Association has sued Simon Singh for libel. The scientific community would have preferred that it had defended its position about chiropractic for various children’s ailments through an open discussion of the peer reviewed medical literature or through debate in the mainstream media.
Singh holds that chiropractic treatments for asthma, ear infections and other infant conditions are not evidence-based. Where medical claims to cure or treat do not appear to be supported by evidence, we should be able to criticise assertions robustly and the public should have access to these views.
English libel law, though, can serve to punish this kind of scrutiny and can severely curtail the right to free speech on a matter of public interest. It is already widely recognised that the law is weighted heavily against writers: among other things, the costs are so high that few defendants can afford to make their case. The ease and success of bringing cases under the English law, including against overseas writers, has led to London being viewed as the “libel capital” of the world.
Freedom to criticise and question in strong terms and without malice is the cornerstone of scientific argument and debate, whether in peer-reviewed journals, on websites or in newspapers, which have a right of reply for complainants. However, the libel laws and cases such as BCA v Singh have a chilling effect, which deters scientists, journalists and science writers from engaging in important disputes about the evidential base supporting products and practices. The libel laws discourage argument and debate and merely encourage the use of the courts to silence critics.
The English law of libel has no place in scientific disputes about evidence; the BCA should discuss the evidence outside of a courtroom. Moreover, the BCA v Singh case shows a wider problem: we urgently need a full review of the way that English libel law affects discussions about scientific and medical evidence.
Every thousand signatures, Sense About Science will send the statement to the government until there is commitment and a timetable for reform of the English libel laws that, in Prof. Richard Dawkins’ words, “are ridiculed as an international charter for litigious mountebanks, and the effects are especially pernicious where science is concerned”.
You can see additional comments from some of the signatories here. I have signed, and encourage you to do the same by visiting this page.
Just remember what Holford Watch called Professor Frizelle’s Instant Classic: Let’s hear your evidence, not your legal muscle.
