[ExI] Chiropractors abandon libel case against Simon Singh

[Damien Broderick]

<http://www.cosmosmagazine.com/node/3413/full>

Chiropractors abandon libel case against writer
Friday, 16 April 2010

by Jacqui Hayes
Cosmos Online

The BCA has dropped its case again Simon Singh.

SYDNEY: The British Chiropractors Association has dropped its libel 
action against science writer Simon Singh, following a Court of Appeal 
ruling that Singh had the right to rely on the defence of 'fair comment'.

Singh was sued for libel following an opinion piece he wrote for The 
Guardian newspaper in 2008.

In the article, he wrote that chiropractic - an alternative health care 
treatment that involves manipulating the spine using short but forceful 
hand movements - "promotes bogus treatments".

You can read the original article here: "Beware the Spinal Trap", which 
was republished (with the allegedly libelous word removed) in COSMOS 
magazine in August 2009. 
<http://www.cosmosmagazine.com/features/print/2891/beware-spinal-trap>

Timeline: 2008 until now

"The BCA brought the claim because it considered that Simon Singh had 
made a serious allegation against its reputation, namely, that the BCA 
promoted treatments that it knew to be 'bogus'," the association said in 
a press release today in London.

In May 2009, a High Court ruling agreed with the British Chiropractors 
Association (BCA), that the article Singh wrote had made a serious 
allegation of dishonesty.

But in February 2010 Singh challenged the ruling in the Court of Appeal. 
In April, he won the right to rely on the defence of 'fair comment' – 
which means he did not make any factual allegation against the association.

BCA dropped the case

"The decision provides Dr Singh with a defence such that the BCA has 
taken the view that it should withdraw to avoid further legal costs 
being incurred by either side," according to the association.

"The BCA has considered seeking leave to take this matter to the Supreme 
Court and has been advised there are strong grounds for appeal against 
the Court of Appeal judgment.

"However, while it was right to bring this claim at the outset, the BCA 
now feels that the time is right for the matter to draw to a close."

"Two years of hell"

While the BCA abandoned the case, the process has cost Singh over 
200,000 pounds.

"It still staggers me that the British Chiropractic Association and half 
the chiropractors in the UK were making unsubstantiated claims," Singh 
told Sense About Science, a British group that responds to the 
misrepresentation of science.

"It still baffles me that the BCA then dared to sue me for libel and put 
me through two years of hell before I was vindicated."

English libel laws suppress scientific discussions

"Perversely, the BCA have proved an important point by bringing this 
case - that we need a public interest defence that can protect 
discussions of evidence and research, and many other types of 
discussion," said Tracey Brown from Sense About Science,

"English libel law is so intimidating, so expensive, so hostile to 
serious journalists that it has a chilling effect on all areas of 
debate, silencing scientists, journalists, bloggers, human rights 
activists and everyone else who dares to tackle serious matters of 
public interest," said Singh.

"Until we have a proper public interest defence scientists and writers 
are going to have to carry on making the unenviable choice of either 
shying away from hard-hitting debate, or paying through the nose for the 
privilege of defending it," said Singh's solicitor, Robert Dougans.