Archive for the ‘libel terrorism’ Category
From the misguided threats against Labour activist Sally Bercow by the right-wing lobby group Migration Watch, to the renewed attacks on cardiologist Peter Wilmshurst by the controversial multinational NMT Medical, it’s clear that the abuses of our libel law will continue until some robust reforms are implemented.
As is perhaps to be expected given the money involved, the libel industry has been running a classic lobbying campaign against moves for reform. In the process they have enlisted the help of the notorious former speaker of the House of Commons, Michael Martin, who recently found his way into the Lords. I think this says something about the character of these people.
It seems to me that the libel industry could very easily win this unless pressure is maintained on the new government to do the right thing.
I’m pleased to join today’s mass-blog in urgent support of the libel reform campaign:
This week is the first anniversary of the report Free Speech is Not for Sale, which highlighted the oppressive nature of English libel law. In short, the law is extremely hostile to writers, while being unreasonably friendly towards powerful corporations and individuals who want to silence critics.
The English libel law is particularly dangerous for bloggers, who are generally not backed by publishers, and who can end up being sued in London regardless of where the blog was posted. The internet allows bloggers to reach a global audience, but it also allows the High Court in London to have a global reach.
You can read more about the peculiar and grossly unfair nature of English libel law at the website of the Libel Reform Campaign. You will see that the campaign is not calling for the removal of libel law, but for a libel law that is fair and which would allow writers a reasonable opportunity to express their opinion and then defend it.
The good news is that the British Government has made a commitment to draft a bill that will reform libel, but it is essential that bloggers and their readers send a strong signal to politicians so that they follow through on this promise. You can do this by joining me and over 50,000 others who have signed the libel reform petition at
Remember, you can sign the petition whatever your nationality and wherever you live. Indeed, signatories from overseas remind British politicians that the English libel law is out of step with the rest of the free world.
If you have already signed the petition, then please encourage friends, family and colleagues to sign up. Moreover, if you have your own blog, you can join hundreds of other bloggers by posting this blog on your own site. There is a real chance that bloggers could help change the most censorious libel law in the democratic world.
We must speak out to defend free speech. Please sign the petition for libel reform at
2. Professor Bridle, who is the managing director of the Second Claimant company, brings this defamation claim against Mr Williams, a Health and Safety inspector employed by the Second Defendant, the Health and Safety Executive, (‘the HSE’) at the HSE’s offices in Cardiff. The claim is made in slander in respect of words allegedly spoken by Mr Williams, when acting in his capacity as an HSE inspector, on or about 24 July 2008, to representatives of the University of Wales Lampeter, Mr Cennydd Powell, the University’s Head of Estates, and his assistant Mr John Fowden.
3. The words complained of were that Professor Bridle “is not a real professor as he claims” and that Mr Powell and Mr Fowden (and by implication also the university and all other third parties generally) “should not believe a word that he says”. It is further said that in telephone conversations between Mr Williams and Mr Powell between 24 July and 31 July 2008, Mr Williams repeated to Mr Powell the alleged defamatory statements…
Summary of Defendants’ Submissions
…48. The Defendants submit that publications by the journalists referred to and by the author Richard Wilson in his book ‘Don’t Get Fooled Again’ contain far more serious allegations than those complained of in these proceedings. They are in permanent form, have received and continue to receive far wider publication and would inevitably have caused much greater damage to reputation than the alleged slander by an HSE inspector to the University’s estate manager and his assistant.
49. Richard Wilson’s book contains a Chapter entitled ‘Fake Experts and Non-Denial Denials’ which is almost entirely devoted to attacking Professor Bridle. It disparages his academic qualifications, and brands him as a ‘charlatan’ and a ‘liar’. An article in ‘The Guardian’ dated 30 June 2008 by Peter Wilby refers to Professor Bridle and Asbestos Watchdog in disparaging terms and suggests that his scientific credentials should be subject to careful scrutiny. A critical article suggesting that Professor Bridle was not a neutral expert and was linked to the Asbestos Cement Product Producers Association was published in CMAJ [ a scientific journal] by Kathleen Ruff on 22 December 2008. Critical comments have been published on a blog run by Richard Wilson in September 2008. Julie Burchill wrote an article critical of Professor Bridle and Christopher Booker in The Guardian on 2 November 2002.
50. It is therefore submitted that the incident giving rise to this claim is a peg on which Professor Bridle hopes to hang the next round of his campaign. It is submitted that he has been waiting for the opportunity to “get HSE in the dock” and this action is a contrived way of seeking that. It is submitted that were this action allowed to proceed it would also cause harassment and prejudice beyond that usually encountered in litigation…
…82. It is, I consider, apparent from the correspondence exhibited to the witness statements that the dominant motive in bringing the proceedings is to cause embarrassment and prejudice to the HSE because of the Claimant’s anger at the HSE’s refusal to accept his views on the subject in question. It is apparent from the evidence that Professor Bridle believes that a claim against the HSE will be likely to bring the debate about the difference in scientific views to a public forum more readily than a claim against an individual journalist would do. Thus I have concluded that, whilst I would not go so far as to characterise the claim as ‘vindictive’ in the same league as the claim in Wallis v Valentine, it does, in my view, fall into the category of a ‘vendetta’ as outlined in that case and in Bezant v Rausing.
83. I note particularly the fact that no defamation proceedings have been brought by Professor Bridle against any of the authors of some of the attacks made against him in the press, in the book by Richard Wilson and on the internet. The content of those publications are mostly in terms far more pejorative than the words alleged to have been spoken by Mr Williams, and will have had a much larger audience. The fact that such publications are widely available will inevitably put into issue the extent to which Professor Bridle’s reputation has been damaged by the alleged publication in this claim. I do not consider that Professor Bridle’s explanation as to why no such proceedings have been brought is credible when compared to the issue of these proceedings for words spoken in either a private meeting or a telephone conversation to either one or two persons (depending upon the evidence).
84. In the light of the lack of any convincing evidence as to why the HSE have been singled out for a claim, and the publishers of the publications referred to have not had proceedings brought against them, and on the basis of the evidence relied on by the Defendants, I have concluded that there is an improper collateral purpose to the claim against Mr Williams and the HSE, rather than simply vindication of reputation…
Accordingly the Defendant’s application for summary judgment and for strike out succeeds in its entirety.
And the industry lobbying campaign against libel cost reform plans is led by… the BCA’s lawyers, Collyer Bristow. But who are “Lawyers for Media Standards”?
Who’s for a flashmob?
Earlier this month, Justice Secretary Jack Straw confirmed plans to tackle the notoriously high costs of defending a UK libel case by slashing the “success fees” that law firms can charge when prosecuting an alleged libel on a no win, no fee basis.
The Press Gazette yesterday reported that, in response:
A newly formed group, Lawyers for Media Standards, is threatening to seek judicial review over Justice Secretary Jack Straw’s plan to cut the maximum success fee which lawyers working on Conditional Fee Agreements cases can charge.
The group has demanded that Straw drops his plan to reduce success fees by ninety per cent in so-called no-win, no-fee cases and re-open the consultation which preceded his announcement.
Lawyers for Media Standards outlined the threat in a letter sent to Straw, earlier this month, by law firm Collyer Bristow.
It’s worth noting at this point that defending a UK libel case currently costs 140-times the European average, and that as a result defendants who lack the financial means to cover these costs are effectively denied their right to a fair trial.
The one case above all that has galvanised public opinion on this issue is that of Simon Singh, the author being sued by the British Chiropractic Association over criticisms he made about their scientific claims. Where many would backed down long ago, Simon Singh has refused to retract his comments because he believes them to be fair and true, and has already paid an enormous price as a result.
And it just so happens that Collyer Bristow, the law firm heading the libel industry’s counter-attack against efforts to reign in their exorbitant fees, is the self-same law firm that is representing the British Chiropractic Association in their controversial and much criticised case against Simon Singh.
But what else do we know about “Lawyers for Media Standards” (LMS)? Well, the naming convention certainly seems familiar to anyone who’s looked into the murkier dealings of the PR industry (remember “Swiftboat Veterans for Truth”, and “Citizens for a Free Kuwait”?).
According to Collyer Bristow, LMS is “an incorporated body whose members include a number of lawyers who represent both claimants and defendants in defamation cases with the benefit of Conditional Fee Agreements”.
According to the Law Gazette, the organisation “aims to influence the debate on libel reform by emphasising the rights to obtain redress of those damaged by the media”.
And according to the London School of Economics, the organisation was behind a recent academic report which described itself as “A Rejoinder to the Clamour for Reform of Defamation”, and warned that proposals for reform could spell the “death of libel” and “truly unleash a feral beast” if enacted wholesale.
When I looked up “Lawyers for Media Standards” on the Companies House website, I couldn’t find any company matching that name, but there is an intriguing entry for an organisation called “Lawyers for Media Rights”, which was formally incorporated just over a week ago, on the 10th of March 2010.
The address given is: 50-52 CHANCERY LANE, LONDON, UNITED KINGDOM WC2A 1HL. It just so happens that this is the same address as a law firm called Russell, Jones and Walker, whose work includes privacy and “defamation: libel and slander”.
For some reason, although this is officially public information, if you want to know more details, Companies House will charge you for them. So I had to spend £2 (and endure a somewhat cumbersome payment system), to glean the following additional information:
Lawyers for Media Rights has just one “officer”, the Director, Jeremy Clarke-Williams. It lists its objects as “to uphold the principles laid down in the European Convention of Human Rights in relation to the media, balancing freedom of expression with the right to reputation and privacy, and to protect and enhance access to justice for claimants harmed by the media”.
A Google search on “Lawyers for Media Rights” currently reveals absolutely nothing (though presumably this blog post will show up shortly). However, the top search result for “Jeremy Clarke-Williams” identifies him as Russell, Jones and Walker’s “partner in the Media, Libel and Privacy department”, where he “specialises in defamation, misuse of private information, media litigation, and reputation management” (1), and is apparently a “‘tough player and tireless adversary’”, admired for his “efficiency, swift responses and encyclopaedic knowledge”.
A search on “Lawyers for Media Standards“, reveals that Jeremy Clarke-Williams’ colleague at RJW, Sarah Webb, is a “founding member”. Other members reportedly include Jonathan Coad of media law firm Swan Turton and Dominic Crossley of Collyer Bristow.
The precise relationship between Lawyers for Media Standards and Lawyers for Media Rights seems unclear. But from the links between them, and the fact that they seem to be covering similar ground, I would guess that they might be quite closely related.
Interestingly, in 2005, Jeremy Clarke-Williams was quoted in a BBC article after a ruling by the European Court of Human Rights that the “McLibel two”, Helen Steel and David Morris, had been denied their right to a fair trial when they were refused legal aid in defending a libel case brought against them by McDonalds.
Clarke-Williams reportedly told the BBC it was unlikely the government would need to change the law in the light of the court’s ruling, because the cutback in legal aid and emergence of “no win no fee” agreements had largely plugged the hole in provision which led to the European Court action.
I suspect that many who’ve read the excellent report on libel abuse by the Libel Reform campaign would beg to differ. There’s obviously a great deal at stake here, and those who make money out of libel cases are presumably entitled to engage in political campaigning if they want to. But so too are we. Anyone for a flash mob?
*UPDATE* - Libel industry lobbyists have sought to characterise the Libel Reform campaign as driven primarily by the self-interest of big media groups. In fact it was initiated by two long-standing human rights organisations, Index on Censorship and English PEN, along with the skeptical campaigners Sense About Science, and enjoys broad support across civil society. Here’s the ferocious anti-corruption group Global Witness explaining why, in the context of libel, “no win no fee” agreements pose such a threat to its work.
(1) I should say, for the sake of clarity, that I take the above to mean that Jeremy Clarke-Williams specialises in taking action against defamation and misuse of private information, as opposed to any other meaning that might mistakenly be inferred…
England’s libel laws are unjust, against the public interest and internationally criticised – there is urgent need for reform.
Freedom to criticise and question, in strong terms and without malice, is the cornerstone of argument and debate, whether in scholarly journals, on websites, in newspapers or elsewhere. Our current libel laws inhibit debate and stifle free expression. They discourage writers from tackling important subjects and thereby deny us the right to read about them.
The law is so biased towards claimants and so hostile to writers that London has become known as the libel capital of the world. The rich and powerful bring cases to London on the flimsiest grounds (libel tourism), because they know that 90% of cases are won by claimants. Libel laws intended to protect individual reputation are being exploited to suppress fair comment and criticism.
The cost of a libel trial is often in excess of £1 million and 140 times more expensive than libel cases in mainland Europe; publishers (and individual journalists, authors, academics, performers and blog-writers) cannot risk such extortionate costs, which means that they are forced to back down, withdraw and apologise for material they believe is true, fair and important to the public.
The English PEN/Index on Censorship report has shown that there is an urgent need to amend the law to provide a stronger, wider and more accessible public interest defence. Sense About Science has shown that the threat of libel action leads to self-censorship in scientific and medical writing.
We the undersigned, in England and beyond, urge politicians to support a bill for major reforms of the English libel laws now, in the interests of fairness, the public interest and free speech.
Cross-posted from Amnesty blogs
I’m just back from the launch of a gobsmacking new report by Index and English PEN, highlighting the abuse of the UK libel system by rich individuals and corporations around the world bent on suppressing criticism of their activities.
UK libel law denies most defendants a fair trial because a) The system works on the presumption of guilt, rather than innocence and b) Almost nobody can afford adequate legal representation to defend their case – legal costs in the UK are 140 times the European average. A trial of just one week can easily top a million pounds in fees alone.
On top of this, the UK judiciary effectively asserts “universal jurisdiction” for libel cases (at the same time as genocide suspects on UK territory go undisturbed). Anything negative written about a rich person on a website anywhere in the world can end up being the subject of a defamation case in a UK court. Things have got so bad that US states have begun passing laws preventing the enforcement of UK libel rulings within their jurisdictions, on the basis that our law violates the basic human rights protections outlined in the US constitution.
Last year, the UN human rights committee warned that UK libel law “served to discourage critical media reporting on matters of serious public interest, adversely affecting the ability of scholars and journalists to publish their work”, and highlighted the threat posed to freedom of speech worldwide by the UK’s willingess to indulge so-called “libel tourists”.
Speaking at today’s event, the former Director of Public Prosecutions, Sir Ken Macdonald, branded UK libel law a national “disgrace” – and its effect on other countries a “double disgrace”. Macdonald argues that the need for reform is not only an issue of justice, but also of national pride.
To find out more, and to sign up for this urgent and timely campaign, visit www.libelreform.org.
Culture Media and Sports Committee: Further written evidence from Alan Rusbridger, the Guardian
…Along with others of the European media and the BBC, we have recently been subject to what we regard as a prolonged campaign of legal harassment by Carter-Ruck on behalf of London-based oil traders, Trafigura.
Trafigura arranged the illegal dumping of 500 tons of highly toxic oil waste in the West African country of Cote d’Ivoire. Thousands of the population of Abidjan, the capital, subsequently became ill and, after a bitterly fought law suit, Trafigura has now been forced to pay a degree of compensation to the victims.
Carter-Ruck, like such other firms as Schillings, are trying to carve out for themselves a slice of the lucrative market known as ‘reputation management’. This is not about the perfectly proper job of helping people or organisations gain legal redress when they have been mistreated by the press.
It is a pitch to work with PR firms to pressurize and intimidate journalists in advance on behalf of big business. It exploits the oppressive nature and the frightening expense of British libel laws…
After the toxic waste dumping in 2006, Trafigura embarked on what was essentially a cover story. They used Carter-Ruck and PR specialists Bell Pottinger, working in concert to enforce their version on the media.
The cover story was that Trafigura used a tanker for normal ‘floating storage’ of gasoline. They had then, they claimed, discharged the routine tank-washing ‘slops’, which were harmless, to a disposal company, and had no responsibility whatever for the subsequent disaster.
In fact, Trafigura had deliberately used a primitive chemical process to make cheap contaminated gasoline more saleable, and knew the resultant toxic waste was impossible to dispose of legally in Europe.
The Guardian experienced an intimidatory approach repeatedly in the Trafigura case. Other journalists at BBC Newsnight, the Norwegian state broadcaster NRK and the Dutch newspaper Volkskrant, told us of identical threats. The BBC eventually received a libel writ. NRK were the subject of a formal complaint – eventually rejected – to the Norwegian press ethics body.
A history of Carter-Ruck’s behaviour in respect of the Guardian is appended [APPENDIX 2]
On 27 June 2008, Bell Pottinger sent a threatening message to the Guardian. They had previously sent similar threats and complaints to AP, whose agency dispatch had been published on-line by the Guardian. The message ended:
“Please note that in view of the gravity of these matters and of the allegations which have been published, I am copying Trafigura’s solicitors, Carter-Ruck, into this email.”
The letter demanded changes to the Guardian’s website to include this information:
“The Probo Koala … left Amsterdam with the full knowledge and clear approval of the Dutch authorities.” It also stated that the disposal company in Amsterdam had asked for extra fees “without any credible justification” and that “ship’s slops are commonly produced within the oil industry. To label Trafigura’s slops as ‘toxic waste’ in no way accurately reflects their true composition.”
On 16 September 2008, Trafigura posted a statement on their website claiming:
“Trafigura is in no way responsible for the sickness suffered by people in Abidjan … The discharge of slops from cargo vessels is a routine procedure that is undertaken all over the world.”
The company knew this was a misleading and false statement.
On 22 September 2008, the Guardian’s East Africa correspondent, Xan Rice, asked Trafigura some questions, in view of the then impending trial of local Ivoirian waste contractors.
Trafigura refused to answer, a refusal coupled with another pointed referral to libel solicitors. Bell Pottinger wrote: “I am copying this email to Carter-Ruck”.
Xan Rice’s article was not published by the Guardian.
The Ivoirian trial convicted local individuals for toxic dumping, Trafigura subsequently abandoned some of their lines of defence in the English litigation they originally claimed they had no duty of care, and could not have foreseen what the local dumpers might do. Trafigura now agreed instead, to pay anyone who could prove the toxic waste had made them ill. They continued to deny publicly that such a thing was possible.
Xan Rice again asked some factual questions. On 14 November 2008, Bell Pottinger responded “Please note that I am copying this correspondence to Carter-Ruck and to the Guardian’s legal department”. They added: “Any suggestion, even implicit, that Trafigura … should have stood trial in Ivory Coast would be completely unfounded and libellous … We insist that you refer in detail to the contents of the attached summary”.
They claimed to be sueing for libel the senior partner of Leigh Day who was bringing the English lawsuit. They added that further Leigh Day statements “are the subject of a complaint in Malicious Falsehood”[sic]. In fact, the libel proceedings against Martyn Day had been stayed, and no malicious falsehood proceedings had been – or were ever – issued.
A closely-typed six-page statement was attached. In it the company claimed to have “independent expert evidence” of the non-toxicity of the waste, but refused to disclose it. Trafigura repeated the false claim that the waste was merely “a mixture of gasoline, water and caustic soda”.
No Guardian article, once again, was published.
On 3 December 2008, less than 3 weeks later, Trafigura formally admitted to the High Court the true composition of the waste in its document “Likely chemical composition of the slops”, [detailed above].
On 5 December 2008, Trafigura formally admitted their waste came from Merox-style chemical processing attempts, and not from routine tank-rinsing.
On 29 April 2009, Carter-Ruck wrote to a Dutch paper: “Trafigura has been obliged to engage my firm to bring complaints against Volkskrant … It is indeed the case that we have on Trafigura’s behalf, written to a number of other media outlets around the world in respect of their coverage of this matter”. Bell Pottinger also confirmed contact with journalists who published or broadcast stories that did not accurately reflect Trafigura’s position, but added: “We completely disagree with your description of Trafigura’s involvement in an ‘aggressive media campaign’.”
On 13 May 2009, Bell Pottinger, in concert with Carter-Ruck, issued a statement to the BBC repeating two assertions known to be false.
They said the Leigh Day statement “is currently the subject of a malicious falsehood complaint made by Trafigura”. They also claimed once more: “The Probo Koala’s slops were a mixture of gasoline, water and caustic soda”.
On 13 May 2009, Carter-Ruck wrote to the Guardian demanding the paper not “publish any reference” to witness-nobbling allegations, although they know these had already been the subject of a public statement by solicitor Martyn Day; the subject of a separate disclosure published by the legal correspondent of the Times; and the subject of a publicly-available court injunction banning further witness contact by Trafigura until trial. Carter-Ruck added that “so much as a reference to these allegations” would be “wholly improper”.
On 15 May 2009, Carter-Ruck issued a press release under its own letterhead, not Trafigura’s, claiming that High Court libel proceedings had been issued against the BBC for “wildly inaccurate and libellous”, “one-sided”, “misleading”, “sensationalist and inaccurate” publications.
On 22 May 2009, Carter Ruck told the Guardian: “It is untrue that the slops caused or could have caused the numerous deaths and serious injuries … Trafigura cannot be expected to tolerate unbalanced and inaccurate reporting of this nature. Accordingly, Trafigura requires the Guardian to … remove these articles from its website forthwith; and … publish a statement by Trafigura”.
The Guardian declined to remove its articles, but agreed to publish the statement. This said: “The fact is that according to independent analyses that Trafigura has seen of the chemical composition of the slops, it is simply not possible that this material could have led to the deaths and widespread injuries alleged. Similarly, it is not possible that hydrogen sulphide was released from the slops as alleged by the Guardian. Trafigtura will present these independent analyses in the High Court in Aututmn 2009.”
On 17 September 2009, the Guardian published documents on its front page detailing a “massive cover-up” by Trafigura.
On 29 September 2009, Trafigura announced it would pay £30m to the victims, rather than face a High Court trial.
Following the British Chiropractic Association’s ill-advised attempt to use the UK’s notoriously dysfunctional libel laws against the writer Simon Singh, pro-science campaigners have been taking a close look at the online claims made by the hundreds of BCA members listed by the organisation on its website.
The response to what’s become known as the “quacklash” from one chiropractic group has been particularly amusing. Courtesy of Chiropracticlive and Quackometer, comes a leaked email from The McTimoney Chiropractic Association:
Date: 8 June 2009 09:12:18 BDT
Subject: FURTHER URGENT ACTION REQUIRED!
If you are reading this, we assume you have also read the urgent email we sent you last Friday. If you did not read it, READ IT VERY CAREFULLY NOW and – this is most important – ACT ON IT. This is not scaremongering. We judge this to be a real threat to you and your practice.
Because of what we consider to be a witch hunt against chiropractors, we are now issuing the following advice:
The target of the campaigners is now any claims for treatment that cannot be substantiated with chiropractic research. The safest thing for everyone to do is as follows.
- If you have a website, take it down NOW.
When you have done that, please let us know preferably by email or by phone. This will save our valuable time chasing you to see whether it has been done.
- REMOVE all the blue MCA patient information leaflets, or any patient information leaflets of your own that state you treat whiplash, colic or other childhood problems in your clinic or at any other site where they might be displayed with your contact details on them. DO NOT USE them until further notice. The MCA are working on an interim replacement leaflet which will be sent to you shortly.
- If you have not done so already, enter your name followed by the word ‘chiropractor’ into a search engine such as Google (e.g. Joe Bloggs chiropractor) and you will be able to ascertain what information about you is in the public domain e.g. where you might be listed using the Doctor title or where you might be linked with a website which might implicate you. We have found that even if you do not have a website yourself you may still have been linked inadvertently to a website listing you or your services.
CHECK ALL ENTRIES CAREFULLY AND IF IN DOUBT, CONTACT THE RELEVANT PROVIDER TO REMOVE YOUR INFORMATION.
CHECK OUR PREVIOUS EMAILS FOR SPECIFIC ADVICE AND KEY WORDS TO AVOID.
KEEP A LOG OF YOUR ACTIONS.
- If you use business cards or other stationery using the ‘doctor’ title and it does not clearly state that you are a doctor of chiropractic or that you are not a registered medical practitioner, STOP USING THEM immediately.
5. Be wary of ‘mystery shopper’ phone calls and ‘drop ins’ to your practice, especially if they start asking about your care of children, or whiplash, or your evidence base for practice.
IF YOU DO NOT FOLLOW THIS ADVICE, YOU MAY BE AT RISK FROM PROSECUTION.
IF YOU DO NOT FOLLOW THIS ADVICE, THE MCA MAY NOT BE ABLE TO ASSIST YOU WITH ANY PROCEEDINGS.
Although this advice may seem extreme or alarmist, its purpose is to protect you. The campaigners have a target of making a complaint against every chiropractor in the UK who they perceive to be in breach of the GCC’s CoP, the Advertising Standards Code and/or Trading Standards. We have discovered that complaints against more than 500 individual chiropractors have been sent to the GCC in the last 24 hours.
Whatever you do, do not ignore this email and make yourself one of the victims. Some of our members have not followed our earlier advice and now have complaints made against them. We do not want that to happen to you.
Even if you do not have a website, you are still at risk. Our latest information suggests that this group are now going through Yellow Pages entries. Be in no doubt, their intention is to scrutinise every single chiropractor in the UK…
From The Observer:
This week, Simon Singh, one of Britain’s best science writers, will decide whether to carry on playing a devilish version of Who Wants to be a Millionaire? He has already lost £100,000 defending his right to speak frankly. He could walk away. No one would think the worse of him if he did. Or he could go on and risk losing the full million by ensnaring himself in the rapacious world of an English judiciary that seems ever eager to bow to the demands of Saudi oil billionaires, Russian oligarchs and the friends of Saddam Hussein to censor critics and punish them with staggering damages and legal fees…
Reputable medical authorities could test the evidence and decide whether the treatments work or not. Instead of arguing before the court of informed opinion, however, the BCA went to the libel courts and secured a ruling from Mr Justice Eady that made Singh’s desire to test chiropractors’ claims next to impossible. Because Singh used the word “bogus”, the judge said he had to prove that chiropractors knew they were worthless but “dishonestly presented them to a trusting and, in some respects perhaps, vulnerable public”.
The learned judge did not seem to understand that the worst thing about the deluded is that they sincerely believe every word they say. On Eady’s logic, a writer who condemns as “bogus” a neo-Nazi’s claim that a conspiracy of Jews controls American foreign policy could be sued successfully if lawyers jumped up and said neo-Nazis sincerely believed their conspiracy theories to be true.
After just two days, a Google search on the precise phrase “The Catholic Orangemen of Togo“ brings up 1,810 hits. A great many of these lead to a free download of the book. 23,000 copies of Murder in Samarkand have been sold so far, and most of those have been read by more than one person. But readership of The Catholic Orangemen looks likely to overtake in two weeks the readership that Murder in Samarkand achieved in two years…
Now what of Tim Spicer? Having put the very expensive Schillings on to me, he has either discovered a new commitment to free speech, or he was bluffing. No injunctions have appeared at my home in Sinclair Gardens. So now Spicer has either to sue, or stand revealed to the World as a man who tried to bully the truth out of print.
He will not sue, no matter how much I goad him. Not even if I show him some of my own legal advice:
There is no doubt that Craig is telling the truth. I do not say this because on any question of fact I would believe Craig over Spicer, though that is the case. The simple fact is that Craig can corroborate his story whilst Spicer can’t… Since the comments Craig makes about Spicer are true I would have thought it most unlikely that Spicer would risk bringing a libel action against Craig. This is not just because in a situation where Craig can corroborate what he says whilst Spicer can’t the odds overwhelmingly point to Craig winning. It is because of the serious consequences for Spicer if he were to bring such a case and lost. These would go far beyond damage to reputation and financial loss. If a Court were to find that Craig had not libelled Spicer because Craig was telling the truth, Spicer could find himself once again facing criminal charges for illegal arms trading. His defence (that the the Foreign Office in the person of Craig had given him the green light) would be shot to pieces since it would already have been discredited in advance by the libel Court. The CPS would be looking at an open goal and this time it might be difficult to do what was done back in 1998 and simply close the prosecution down…
It looks there may be some interesting things going on over at Craig Murray’s website shortly… Update to follow!
In “Don’t Get Fooled Again” I highlight the case of Matthias Rath, the German vitamin salesman who has urged HIV sufferers, most notoriously in South Africa, to stop taking real medicines and use ‘nutritional supplements’ instead. Rath has faced increasing international criticism for his activities, including from the Guardian’s Ben Goldacre, who ran a series of articles discussing Rath’s extraordinary claims. In response, Rath launched a libel suit – but this has now backfired disastrously. The evidence against Rath is so clear that he had no real chance of success, even under the UK’s notoriously plaintiff-friendly libel laws. Yesterday it was announced that he had abandoned the suit, with costs awarded of at least £200,000.
Today’s Guardian gives wall-to-wall coverage to Rath and his nefarious activities, with a damning video which discusses several cases of people who have died after being taken in by his bogus claims.
The UK Trade Unions Congress has endorsed a motion by the National Union of Journalists expressing ‘grave concern’ over the erosion of civil liberties in the UK, and the effect that this is having on freedom of expression.
“The terrorising of journalists isn’t just done by shadowy men in balaclavas, but also by governments and organisations who use the apparatus of the law or state authorities to suppress and distort the information they do not want the public to know and to terrorise the journalists involved through injunctions, threats to imprisonment and financial ruin,” NUJ General Secretary Jeremy Dear told the conference.
Dear cited the case of Sally Murrer, who is currently on trial for allegedly receiving information from a police officer that he had not been authorised to disclose, and the treatment by police of press photographers in a raid on the “Climate Camp” protest earlier this year.
“Journalists’ material and their sources are increasingly targeted by those who wish to pull a cloak of secrecy over their actions.”, Dear told the conference.
In a similar vein, Craig Murray reports being pressured to making swingeing changes to the text of his new book, “The Orangemen of Togo” (great title!) after Tim Spicer, formerly of the mercenary company Sandline, and now head of the quids-in Iraq ‘security contractor’ Aegis, hired infamous libel firm Schillings, and brought a legal injunction to delay publication.
Murray says that he’s been told, among a range of other changes, that:
- I must refer to Sandline as a “Private Military Company” and portray their activities in Africa as supporting legitimate government against rebels
- I must portray Western action in Iraq as “peace-keeping”
- I must say Shell were involved in corruption in Nigeria “inadvertently”
A few years ago, The Center for Public Integrity did an incisive exposé on Spicer, the origins of the euphemistic term ‘Private Military Company’, and the shady role of such organisations in conflicts as far afield as Sierra Leone, and Papua New Guinea. It’s sobering to think that someone with this sort of history is now in charge one of the largest contracts awarded to any western firm currently operating in Iraq.
In “Don’t Get Fooled Again” I take a look at the disasters that can happen when freedom of expression starts to break down, and at Craig Murray’s role in exposing UK government wrongdoing after leaving his post as British Ambassador to Uzbekistan.
I’ve just heard that the Burundian journalist Jean-Claude Kavumbagu has been arrested on charges of “defaming” the country’s President, Pierre Nkurunziza. Jean-Claude, the director of the ‘Netpress’ news agency has been tireless in exposing human rights abuses and corruption in Burundi, and I am endebted to him for his support while I was writing my last book.
This arrest was triggered by a Netpress report that Burundi’s President spent $100,000 on his official visit to the Beijing Olympics - a particularly sensitive issue in a country where income tends to average about $100 a year.
Reporters Sans Frontieres has taken up the case, calling for Jean-Claude’s immediate release. According to RSF:
His latest arrest comes at a time of growing hostility among the president’s supporters towards human rights organisations and certain local journalists and privately-owned media, which a pro-government website recently accused of being “children of the dictatorship” concerned solely with “defending what they have gained.”
The Burundi government’s ongoing harrassment of its critics seems to contrast sharply with uncritical-verging-on-hagiographic media reports in the East African press of Nkurunziza’s presidency and his supposed emphasis on ‘forgiveness’.
Last week I wrote about the defensive measures being taken in the US to prevent Britain’s rapacious libel laws being used to undermine freedom of speech internationally. Now, via Craig Murray’s blog, I’ve learned that our rogue state laws may have claimed another victim. The longstanding politics discussion site “Harry’s Place” has reportedly been temporarily closed down simply by the threat of libel being made against the site’s internet service provider, following a dispute with a Sheffield academic, Jenna Delich.
Contributors to “Harry’s Place” have accused Delich of linking, via her own website, to the site of the far-right anti-semite KKK all-round bad egg extremist David Duke. Delich says that these claims are libellous, hence the reported take-down demand.
As is traditional in such cases (see here for a previous fiasco in which, bizarrely, Boris Johnson got caught in the crossfire), the full saga is now being recounted on a site hurriedly put together on blogspot, which is a) very easy to use and b) hosted several thousand miles outside of UK jurisdiction.