A science writer has won the right to rely on the defence of fair comment in a libel action, in a landmark ruling at the Court of Appeal.
Simon Singh was accused of libel by the British Chiropractic Association over an article in the Guardian in 2008.
Dr Singh questioned the claims of some chiropractors over the treatment of certain childhood conditions.
The High Court had said the words were fact not opinion - meaning Dr Singh could not use the fair comment defence.
However, the Lord Chief Justice Lord Judge, Master of the Rolls Lord Neuberger and Lord Justice Sedley ruled High Court judge Mr Justice Eady had "erred in his approach" last May, and allowed Dr Singh's appeal.
BBC News science correspondent Pallab Ghosh says that, had Justice Eady's ruling stood, it would have made it difficult for any scientist or science journalist to question claims made by companies or organisations without opening themselves up to a libel action that would be hard to win.
Dr Singh described the ruling as "brilliant", but added that the action had cost £200,000 "just to define the meaning of a few words".
"After two years of battling in this libel case, at last we've got a good decision. So instead of battling uphill we're fighting with the wind behind us," he said.
"The Court of Appeal's made a very wise decision, but it just shouldn't be so horrendously expensive for a journalist or an academic journal or a scientist to defend what they mean.
"That's why people back off from saying what they really mean."
BBC Science writer Simon Singh wins libel appeal
Watch also See You In Court: Simon Singh vs The BCA.
No comments:
Post a Comment