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By Josh Witten | June 11th 2009 11:20 PM | 8 comments | Print | E-mail | Track Comments
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About Josh Witten

100% of this the rugbyologist's revenue is donated to Doctors Without Borders (Medecins Sans Frontieres). A click on one of my articles is a click that helps bring high quality medical care to the... Full Bio


Some of us don't live in countries with constitutionally secured freedom of speech.  Some of us, a very luck, very few of us are Simon Singh, who also happens to live in a country without a freedom of speech guarantee.  Ok, technically, he lives in geopolitical area under the authority of a state that consists of exactly one 4'6" old lady.

Simon Singh made our Heroes of Science (not to be confused with our delicious Gyros of Science) for choosing to fight a libel suit brought against him by the Britsh Chiropractic Association for an article he wrote in The Guardian.  I'll explain the case.  No, wait, there is too much.  I'll sum up. 

Singh asserted that British chiropractors were promoting bogus treatments, specifically the use of chiropractic to treat colic without scientific evidence to support its use.

The BCA sued Singh for libel.

A British judge ruled that Singh's use of the word bogus implied not only that the treatments are not supported by evidence, but that the chiropractors were being intentionally deceptive.

Singh has appealed the judge's ruling.

Part of the ridiculousness of this case has to do with British libel law.  Under British law, there are two elements to a libel case.  Once the statement in question must be ruled to be damaging, the burden of proof is on the accused to demonstrate that the statement is true.  While Singh is clearly correct that chiropractors were promoting the use of chiropractic for conditions without evidence, it will be very difficult to prove that the chiropractors were being intentionally deceptive, especially considering that Singh never intended that interpretation. 

You can read all about the Singh case and sign a petition to encourage the British to change their libel laws in order to promote open, honest, and scientific public discourse.  Or, they can do nothing and allow quacks use bullyin tactics to suppress the truth.  You pick.




Comments

logicman's picture
I am a British subject.  I fully endorse what Simon Singh said about the promotion of bogus treatments and his right to make informed comment about scientific matters which he has personally investigated.  He is the author of a number of popular science books, not a tabloid journalist seeking headlines.

I repeat:  I agree with him. So sue me!

Footnote:
A bogus treatment is any purported solution to a problem which is ineffective in dealing with that problem, is demonstrably not a valid method for dealing with that problem, or a methodology which may actually compound the problem.

An example: the court decision to accept the assertion that Simon Singh is guilty of libel is a bogus treatment of the problem of determining what does, and what does not legally constitute quack medicine.

This looks like being an own-goal for The British Chiropractic Association.

adaptivecomplexity's picture
Apparently British libel law can affect all of us, even those of us who aren't British subjects:

A Fight to Protect Americans From British Libel Law





jtwitten's picture
Yes, I think it is called libel tourism.  Essentially, it is like any legal practice where those involved go looking for a jurisdiction that is most amenable to their cause.  Britain for suppression of free speech.  Continental Europe for suing American leader for war crimes. 

adaptivecomplexity's picture
Right, this idea of global jurisdiction bothers me. As much as I would like to see John Yoo squirm, the principle really bothers me.

jtwitten's picture
That's the problem with principles.  You have to apply them to everyone and everything.

adaptivecomplexity's picture
Another worry I have is that these things are often less focused on principles and more on outcome, the end justifying the means sort of thing. 

logicman's picture
If Simon Singh loses his appeal, then this will be a foot in the court door for the creationists, scientologists and other crazies who are against the scientific method.

At this point, there will be a mass exodus of the best brains in Britain.  As the scientists and technicians leave, the infrastructure will fall apart and the courts of law will need to resort to candles for illumination to go with the quill pens that they never relinquished.

The idea that a chiropractor might alleviate, let alone cure otitis media is dangerous nonsense.  Otitis media can kill!
The complications of chronic otitis media: report of 93 cases

Abstract

The aim of this study was to investigate the incidence, mortality and morbidity of complications due to chronic otitis media (COM). During the nine-year period 1990–1999, 2890 cases of COM were reviewed, 93 (3.22 per cent) having 57 (1.97 per cent) intracranial complications (IC) and 39 (1.35 per cent) extracranial complications (EC). In three patients more than one complication was observed. Meningitis and brain abscess were common in the IC group. Subperiosteal abscess (mastoid and Bezold’s abscess) was a common complication in the EC group. Cholesteatoma and granulation/polyp in the middle ear/mastoid were the major findings in both groups. Fifteen patients died from IC. Overall, the mortality rate was 16.1 per cent in all patients having complications, and in patients with IC it was 26.3 per cent. In all of the patients with complications, the morbidity rate was 11.8 per cent. Our study supports the finding that meningitis and brain abscess are the common complications of COM and the main reason for mortality.
(Published Online March 8 2006)

http://journals.cambridge.org/action/displayAbstract?fromPage=online&aid...

rholley's picture
.... few of us are Simon Singh, who also happens to live in a country without a freedom of speech guarantee. 


If in about ten days the Lords remove the "freedom of speech" amendment from the Coroners and Justice Bill, then Miss Carrie Prejean will not be allowed to express her views on a certain subject in Britain.

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