Simon Singh to Appeal Bogus Decision
“The law has no place in scientific disputes”
Simon Singh is to appeal the absurd and astonishingly illiberal ruling made by Sir David Eady in the libel case brought about by the British Chiropractic Association. This is a brave decision by Simon, but an important one as there are issues at stake that go well beyond one case.
Today, the charity Sense about Science is launching a campaign to highlight the issues raised by the Simon Singh libel case. I am very please to support this campaign and be one of the first signatories to the following statement:
We the undersigned believe that it is inappropriate to use the English libel laws to silence critical discussion of medical practice and scientific evidence.
The British Chiropractic Association has sued Simon Singh for libel. The scientific community would have preferred that it had defended its position about chiropractic for various children’s ailments through an open discussion of the peer reviewed medical literature or through debate in the mainstream media.
Singh holds that chiropractic treatments for asthma, ear infections and other infant conditions are not evidence-based. Where medical claims to cure or treat do not appear to be supported by evidence, we should be able to criticise assertions robustly and the public should have access to these views.
English libel law, though, can serve to punish this kind of scrutiny and can severely curtail the right to free speech on a matter of public interest. It is already widely recognised that the law is weighted heavily against writers: among other things, the costs are so high that few defendants can afford to make their case. The ease and success of bringing cases under the English law, including against overseas writers, has led to London being viewed as the “libel capital” of the world.
Freedom to criticise and question in strong terms and without malice is the cornerstone of scientific argument and debate, whether in peer-reviewed journals, on websites or in newspapers, which have a right of reply for complainants. However, the libel laws and cases such as BCA v Singh have a chilling effect, which deters scientists, journalists and science writers from engaging in important disputes about the evidential base supporting products and practices. The libel laws discourage argument and debate and merely encourage the use of the courts to silence critics.
The English law of libel has no place in scientific disputes about evidence; the BCA should discuss the evidence. Moreover, the BCA v Singh case shows a wider problem: we urgently need a full review of the way that English libel law affects discussions about scientific and medical evidence.
Please visit the campaign web site at http://www.senseaboutscience.org.uk/freedebate and give your own support. As you can see, there are one or two names on the list who are even more eminent and famous than me. Every one from the Poet Laureate to Harry Hill has signed. (I believe that Harry has suggested there is only one way to settle this – FIGHT!)
Sign the Support Statement.
Also, download the campaign button and add it to your website.
The Quackometer wishes Simon Singh all the best in his appeal. He may still yet lose. The legal shenanigans involved are tough. What is quite clear though, in that appealing, the absurdity of the chiropractic position will be made public, and the injustice of the law brought to the full attention of the media. The BCA could still do the best thing and back down. At the very least they could publish the scientific evidence that they believe they have to support their position. Their silence on the matter of evidence is damning.
Good luck and here’s to greater public awareness of chiropractic absurdity and even a change in the law.
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What some people have said about this:
Stephen Fry, Broadcaster and Author:
“It may seem like a small thing to some when claims are made without evidence, but there are those of us who take this kind of thing very seriously because we believe that repeatable evidence-based science is the very foundation of our civilisation. Freedom in politics, in thought and in speech followed the rise of empirical science which refused to take anything on trust, on faith, on hope or even on reason. The simplicity and purity of evidence is all that stands between us and the wildest kinds of tyranny, superstition and fraudulent nonsense. When a powerful organisation tries to silence a man of Simon Singh’s reputation then anyone who believes in science, fairness and the truth should rise in indignation. All we ask for is proof. Reasoned proof according to the established protocols of medicine and science everywhere. It is not science that is arrogant: science can be defined as ‘humility before the facts’ — it is those who refuse to submit to testing and make unsubstantiated claims that are arrogant. Arrogant and unjust.”
Professor Richard Dawkins, FRS, University of Oxford:
“This splendid manifesto hits so many bullseyes, I feel like adding my signature to every line of it. The English libel laws are ridiculed as an international charter for litigious mountebanks, and the effects are especially pernicious where science is concerned.”
Jonathan Heawood, Director, English PEN:
“You know there’s something badly wrong with the libel law when a serious scientific writer is dragged through the courts for something he didn’t even mean to say! Simon Singh’s only mistake was not to distinguish clearly enough between ineffective and fraudulent treatments – both of which might equally be termed ‘bogus’. The real culprit here is the rich English language and the arcane law of libel.”
Professor Richard Wiseman, Professor of the Public Understanding of Psychology, University of Hertfordshire, and author:
“England’s strict libel laws can deter individuals from speaking out against bad science, even when they have strong evidence for their argument. Simon’s campaign deserves the support of everyone who cares about fighting pseudoscience.”
Diana Garnham, Chief Executive, The Science Council:
“Delivery of professional health care should be based on science, not libel laws. It goes without saying that all professional health care scientists must be expected to base their professional practice on scientific methodology, encompassing both a rigorous evidence base and open peer review.”
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An Impressive List of Signatories:
Science
Professor Jim Al-Khalili OBE Professor of Physics and of Public Engagement in Science, University of Surrey
Dr Sabine Bahn Cambridge Centre for Neuropsychiatric Research, University of Cambridge
Harriet Ball Voice of Young Science network
Professor Michael Baum MB FRCS ChM MD FRCR Emeritus Professor of Surgery and Visiting Professor of Medical Humanities, University College London
Professor Jocelyn Bell Burnell FRS University of Oxford and President, The Institute of Physics
Willem Betz Emeritus Professor, Vrije Universiteit Brussel and Chair, SKEPP
Susan Blackmore Visiting Professor, School of Psychology, University of Plymouth
Professor Colin Blakemore FRS University of Oxford
Sir Tom Blundell FRS University of Cambridge and President, The Biochemical Society
Jean Bricmont Professor of Theoretical Physics, University of Louvain and Honorary President, Association Francaise pour l’Information Scientifique
Tracey Brown Managing Director, Sense About Science
Professor David Colquhoun FRS University College London
Professor David Cope
Professor Brian Cox University of Manchester
Dr Tim Crayford MB BS MSc FFPH FRSA Former President, Association of Directors of Public Health
Professor Richard Dawkins FRS University of Oxford
Professor Edzard Ernst MD PhD FRCP FRCP (Edin) Peninsula Medical School, Exeter University
Professor Elizabeth Fisher FMedSci Institute of Neurology, University College London
Dr Ron Fraser Chief Executive, The Society for General Microbiology
Carlos Frenk Ogden Professor of Fundamental Physics, Durham University
Diana Garnham Chief Executive, The Science Council
John Garrow MD PhD FRCP FRCP (Edin) Emeritus Professor of Clinical Nutrition, University of London and Former Chairman, HealthWatch
Professor David Gordon President, Association of Medical Schools in Europe
Professor Hugh Griffiths FREng University College London and Chairman and on behalf of The Campaign for Science and Engineering in the UK
Dr John Haigh Former Reader in Mathematics, University of Sussex
Professor Martin Humphries University of Manchester and Chair, The Biochemical Society
Sir Tim Hunt FRS Cancer Research UK
Roland Jackson Chief Executive, The British Science Association
Professor Steve Jones University College London
Dr Stephen Keevil King’s College London
Professor Sir David King FRS Former Chief Scientific Adviser to the UK Government and Director, Smith School of Enterprise and the Environment, University of Oxford
Dr Chris Kirk Chief Executive, The Biochemical Society
Professor Sir Peter Lachmann FRS FMedSci University of Cambridge and Founder President, Academy of Medical Sciences
Jennifer Lardge Voice of Young Science network
Armand Leroi Professor of Evolutionary Developmental Biology, Imperial College London
Dr Robin Lovell-Badge FRS FMedSci MRC National Institute for Medical Research
Daniella Muallem Voice of Young Science network
Professor Dame Bridget Ogilvie FRS FMedSci Former Director, Wellcome Trust
Professor Clive Orchard University of Bristol and President, The Physiological Society
Professor Ole H Petersen CBE University of Liverpool
Lord Rees Professor of Cosmology and Astrophysics, University of Cambridge
Les Rose Clinical Science Consultant
Dame Nancy Rothwell FRS MRC Research Professor and President, Biosciences Federation
Alan Sokal Professor of Physics, New York University and Professor of Mathematics, University College London
Professor Beda Stadler University of Bern, Switzerland
Dr John Stevens DMS President and on behalf of The Institute of Biomedical Science
Professor Ian Stewart FRS Mathematician and Science Writer
Professor Raymond Tallis FMedSci Emeritus Professor of Geriatric Medicine, University of Manchester
Lord Taverne Chair, Sense About Science
Hazel Thornton Independent Advocate for Quality in Research and Healthcare
Sir Mark Walport Director, The Wellcome Trust
Professor Robin A Weiss FRS University College London and President, The Society for General Microbiology
Tom Wells Voice of Young Science network
Robin Wilson Professor of Pure Mathematics, Open University
Richard Wiseman Professor of the Public Understanding of Psychology, University of Hertfordshire and Author
Journalism and Publishing
David Aaronovitch Columnist, The Times and Author
Yasmin Alibhai-Brown Journalist and Columnist
Wendy Barnaby Editor, People and Society
Rosie Boycott Former Editor, The Independent and Independent on Sunday
Geoffrey Carr Science Editor, The Economist
Duncan Campbell Journalist
Dr Philip Campbell Editor-in-Chief, Nature
Sir Iain Chalmers Editor, The James Lind Library
Nick Cohen Columnist, The Observer
Clive Cookson Science Editor, Financial Times
Nick Davies Journalist and Author of Flat Earth News
Kendrick Frazier Editor, Skeptical Inquirer
Professor Christopher C French Head, The Anomalistic Psychology Research Unit, Goldsmiths University and Editor, The Skeptic Magazine
James Gleick Science Writer and Journalist
Dr Ben Goldacre Writer, Broadcaster and Medical Doctor
Nigel Hawkes Director, Straight Statistics and Former Health Editor, The Times
Mark Henderson Science Editor, The Times
Roger Highfield Editor, New Scientist
Dr Richard Horton FRS FMedSci Editor, The Lancet
Alok Jha Science and Environment Correspondent, The Guardian
Rohit Jaggi Columnist, Financial Times
Barry Karr Skeptical Inquirer and Committee for Skeptical Inquiry
Dr Karl Kruszelnicki Author, Broadcaster and Scientist
Sam Lister Health Editor, The Times
Brenda Maddox Journalist and Biographer
Dr Margaret McCartney Columnist, Financial Times and GP
Robin McKie Science Correspondent, The Observer
George Monbiot Journalist
Andrew Mueller Journalist and Author
Steven Novella Editor, Science-Based Medicine; Director of General Neurology, Yale University School of Medicine and Author
Vivienne Parry Science Writer and Broadcaster
John Rennie Former Editor-in-Chief, Scientific American
Nick Ross Journalist and Broadcaster
Ian Sample Science Correspondent, The Guardian
Ariane Sherine Comedy, Writer and Journalist
Michael Shermer Publisher, Skeptic Magazine; Columnist Scientific American and Author of Why People Believe Weird Things
Rebecca Smith Medical Editor, The Daily Telegraph
Bill Thompson Technology Journalist
Arts, Humanities and Entertainment
Martin Amis Novelist
Joan Bakewell Broadcaster and Journalist
Antony Beevor Historian
Jo Brand Performer
Derren Brown Psychological Illusionist
Alain de Botton Author
Carol Ann Duffy Poet Laureate
Peter Florence Director of The Guardian Hay Festival
Stephen Fry Broadcaster and Author
Ricky Gervais Writer and Performer
Anthony Grayling Professor of Philosophy, Birkbeck College University of London
Dave Gorman Writer and Performer
Harry Hill Performer
Robin Ince Performer
Tim Minchin Performer
Dara O’Briain Performer
Penn Jillette Illusionist, Juggler and Libertarian
Libby Purves Broadcaster, Journalist and Author
David Starkey Historian
Teller Illusionist, Juggler and Libertarian
Sandi Toksvig Broadcaster, Comedian and Author
Dr Richard Vranch Performer and Ex-physicist
Skeptics and Campaign Groups
Australian Council Against Health Fraud
Australian Skeptics Inc
Peter Bowditch Editor, www.ratbags.com
Neil Denny Little Atoms podcast
Rachael Dunlop Reporter, Skeptic Zone podcast
Jonathan Heawood Director, English PEN
Narisetti Innaiah Chairman, Center for Inquiry, India
Andy Lewis Blogger, quackometer.net
Ronald A Lindsay President and CEO, Center for Inquiry, USA
Simon Perry Founder, Skeptics in the Pub (Leicester)
Dr Philip Plait President, James Randi Educational Foundation, USA
James Randi CEO, James Randi Educational Foundation, USA
Padraig Reidy Index on Censorship
Sid Rodrigues Chairman, Skeptics in the Pub (London)
Amardeo Sarma Chairman, German Skeptics (GWUP)
Eran Segev President, Australian Skeptics Inc
Law
David Allen Green Solicitor
Jonathan Morgan Fellow in Law, University of Cambridge
Baroness Helena Kennedy QC Barrister and Labour Member of the House of Lords
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