Using the law to stifle scientific debate
A court case between one of Britain's leading science writers and an organization representing alternative medicine practitioners is causing renewed concern about the potential for libel laws to stifle debate on scientific issues (Nature News, 13 May 2009).
Simon Singh, author of Fermat's Last Theorem and other books, is being sued for libel by the British Chiropractic Association over an article he wrote for the Guardian newspaper last year. In an unusual move, the BCA is suing Singh personally, and not the newspaper.
The case has international implications for science reporting and journalism more generally, warns Singh. It comes against a background of increasing concern in many quarters that litigants opt for British courts as they are seen as easier places to get a favourable result; a problem labeled 'libel tourism'.
Neil White, a partner at legal firm Taylor Wessing (which undertakes some legal work for Nature), says the case should serve as a warning not just for science writers, but more generally for scientists and all who write about similar topics. "I think there is a degree of ignorance on the part of scientists about libel law, particularly UK libel law," he says. "I do think there are some scientists who are rather arrogant about it, and think because they're scientists with a view to express on a matter of potentially considerable importance they can say what they please. That is just not the case. The lesson I think they need to learn is you can usually say what you want to say in a way that doesn't expose you to litigation, by taking a bit of care and taking a bit of advice."
Edzard Ernst, professor of complementary medicine at Peninsula Medical School in Plymouth, UK, says, "Recent history shows quite clearly there is a danger people can be silenced by the financial and legal might of their opponents."
What are your views? Please let us know, either by commenting at the Nature Network Opinion forum or at the Nature News website (where there is a comment in favour of the BCA, as well as others taking the opposite view). How confident are you about expressing a scientific opinion publicly? How well-informed are you about the legal consequences of what you might write on your blog or for a publication?
See also this Nature Network blog post by Stephen Curry and this alert at Nature Network by Brian Clegg .
Readers' comments at Nature Network or here will be considered for publication in Nature as Correspondence.
