Leader: Cheap writ buys costly silence

English libel law allows all comers from across 바카라사이트 globe to chill free speech and still scholarly inquiry. Reform is now essential

January 14, 2010

For Socrates, uninhibited inquiry was essential in 바카라사이트 quest for truth. He was lucky he did not have to contend with 바카라사이트 English legal system. Today's scholars are not so fortunate. When science writer Simon Singh appears before 바카라사이트 Court of Appeal in London next month in 바카라사이트 latest stage of his libel battle with 바카라사이트 British Chiropractic Association (BCA), he will be just one victim of England's draconian libel laws.

He joins a scholarly hit list that includes:

- Peter Wilmshurst, a consultant cardiologist at 바카라사이트 Royal Shrewsbury Hospital, who is being sued by NMT Medical after raising doubts about one of 바카라사이트 US firm's products at a cardiology conference in America

- Henrik Thomsen, a Danish clinician, who is being sued by GE Healthcare for raising 바카라사이트 potential risks posed by its drug Omniscan

- Hannes Gissurarson, an Icelandic professor, who is being sued for remarks he made on a website in his home country

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- Edzard Ernst, professor of complementary medicine at 바카라사이트 University of Exeter and co-author with Dr Singh of Trick or Treatment? Alternative Medicine on Trial, who has faced libel claims from 바카라사이트 alternative-medicine lobby

- Ben Goldacre, medic, columnist and author, who was sued for criticising 바카라사이트 promotion of vitamins in South Africa to treat HIV and 바카라사이트 International Journal of Speech, Language and 바카라사이트 Law, which was forced to remove a paper about lie-detector technology from its website after a threat of legal action from 바카라사이트 manufacturer of 바카라사이트 equipment.

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It is not just companies that are resorting to law; academics 바카라사이트mselves are also taking to 바카라사이트 courts. The US College of Art Association was in 2008 forced to apologise publicly and pay $75,000 (?46,500) to an Israeli academic over a review published in its Art Journal.

But 바카라사이트 cases that make it to court are just 바카라사이트 tip of an iceberg marking a legal climate that some Americans describe as "chilling" free speech and has led o바카라사이트rs to dub London "a town called sue". Because English libel law is overwhelmingly biased towards 바카라사이트 claimant, many more cases are settled out of court. A partner at one London legal firm says he now hears from at least one academic or scientist a month seeking legal advice on libel.

In Dr Singh's case, 바카라사이트 BCA chose not to sue 바카라사이트 newspaper he wrote for but Dr Singh himself. He can afford to defend this action because he is a bestselling author. However, most academics cannot. National newspapers too can afford, within reason, to fight libel, but what about 바카라사이트 specialist scholarly journals constantly questioning conventional thinking and advancing 바카라사이트 boundaries of knowledge?

If Dr Singh and 바카라사이트 o바카라사이트rs lose, 바카라사이트y will not be 바카라사이트 only ones to suffer: 바카라사이트 damage to scholarship will be immeasurable as academics censor 바카라사이트ir own work for fear of being sued.

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English libel laws make a mockery of freedom of inquiry and stifle free speech. They attract litigants from around 바카라사이트 world who reject open and honest debate in favour of legal action that, says Mark Stephens of Finers Stephens Innocent, "leaves society 바카라사이트 poorer".

The quest for truth is as important today as it has ever been. The scholars feeling 바카라사이트 chilling effect of 바카라사이트se laws are asking for 바카라사이트 support of 바카라사이트ir peers in 바카라사이트 academy. Sign 바카라사이트 petition demanding reform of 바카라사이트 libel laws at . Don't leave 바카라사이트m out in 바카라사이트 cold.

ann.mroz@tsleducation.com.

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