Tag Archives: justice eady

Simon Singh update: senior judge baffled by ‘artificiality’ of case

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Science writer Simon Singh, who is currently being sued by the British Chiropractic Association (BCA) went to the court of appeal on Tuesday, to challenge an earlier ruling by Justice Eady.

Index on Censorship reported that Lord Chief Justice Lord Judge, England’s most senior judge, said he was “baffled” by the defamation suit – although his comments would not affect the judgement in the Court of Appeal.

Lord Chief Justice Lord Judge said he was “troubled” by the “artificiality” of the case. “The opportunities to put this right have not been taken,” Lord Judge said.

It’s argument of fact vs comment. If Singh’s claims are deemed “comment” in the Court of Appeal, he will secure the right to use a “fair comment” defence. A date has not been set for delivery of the appeal ruling, according to Index on Censorship.

“Fair comment” was an issue raised in yesterday’s Culture, Media and Sport select committee report: the Committee acknowledged “fears of the medical and science community are well-founded” and advised the government to “take account of these concerns in a review of the country’s libel laws, in particular the issue of fair comment in academic peer-reviewed publications”. But the Libel Reform campaign, a coalition between the organisations Sense About Science, Index on Censorship and English PEN, called for a fair comment defence available to everyone, not just in academic journals:

The campaign welcomes the Committee’s acceptance of the seriousness of the problem, especially in light of the recent Simon Singh and Ben Goldacre libel cases; but has raised “concerns that ghettoising fair comment in peer reviewed journals would not have helped Simon Singh in his libel case whatsoever, it’s important that a fair comment defence is available to everyone, not just for academic discussion out of the reach of ordinary people.”


Simon Singh goes to Court of Appeal

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Science writer Simon Singh, who is currently being sued by the British Chiropractic Association (BCA) is going to court today to challenge Justice Eady’s earlier ruling on the case, made in May 2009.

It boils down to whether Singh’s article published in the Guardian in April 2008 about the effectiveness of chiropractic treatments for children, was comment (as Singh argues) or a statement of fact (as Eady first ruled), in the eyes of the law.

The Court of Appeal hearing – scheduled for 10:30am – “is a rare opportunity to clarify the right to ‘fair comment’, one of the few defences available in a libel action”, says the Libel Reform campaign, backed by the Sense About Science organisation, in a statement.

It said it will be “one of the most significant trials for free speech and science this year”, as Singh’s case goes before the Lord Chief Justice, the Master of the Rolls and Lord Justice Sedley.

Disclaimer: Journalism.co.uk has pledged its support to the ongoing Libel Reform campaign and petition.

More from Dacre: The Daily Mail editor on Max Mosley and ‘Flat Earth News’

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Daily Mail editor Paul Dacre has made his thoughts about Justice Eady, the Human Rights Act and the Max Mosley privacy case against the News of the World pretty clear since giving his Society of Editors speech last year, but today he was given the chance to follow up on Mosley’s own comments to the commons select committee on press standards, privacy and freedom.

(And have his say he was most definitely going to – reminding the committee several times of the length of time they’d given Mosley to speak, until one member asked whether he felt he was being treated differently?)

“Mr Mosley, when he gave evidence to this committee, I was very surprised at the soft time you gave him,” said Dacre.

“For Max Mosley to present himself as a knight in shining armour, proclaiming (…) sanctimonious, self-righteousness is almost a surreal inversion of the normal values of civilised society.”

It’s ‘a bit like the Yorkshire ripper campaigning against men who batter women’, he added.

The ruling against the News of the World and in favour of Mosley made the government’s stance on brothels and prostitution problematic, he said.

While brothels are seen by the government as ‘unacceptable and totally wrong’ and requiring a law to prosecute the people that run them, ‘Justice Eady has said Mosley’s behaviour is merely unconventional not illegal’, said Dacre.

“One legitimises the other,” he said.

The Daily Mail would not have broken the Mosley story, because it is a family paper, he said, even if it had ‘fallen into the paper’s lap’ as one committee member suggested. However, Dacre said he would defend the NOTW’s right to publish it.

Nick Davies

Today’s hearing was also a chance for Dacre to respond to claims made by journalist and ‘Flat Earth News’ author Nick Davies at a committee session on Tuesday.

Summised by the committee chair, Davies said the Daily Mail was characterised by a level of ruthless aggression and spite far greater than any other newspaper in Fleet Street.

“Davies is one of those people who sees conspiracy in everything. Like many people who write for the Guardian he believes he is the only one who can claim the moral high ground,” said Dacre.

“The book doesn’t do himself or our industry any justice.”

The book, he added, had been written ‘without the basic journalistic courtesy of checking the allegations concerned’.

Dacre accepted that there is some ‘churnalism’ of press releases at a provincial and national level – driven largely by poor finances and lack of resources, but said he refutes the charge of the Daily Mail.

“I’d suggest the Daily Mail is both famous and infamous for taking Whitehall and government press releases and going behind them. Certainly our reporters when they get freelance copy make their own inquiries and take them further,” he said.

“Our spending on journalism today is as great as ever, despite the recession. Mr Davies makes a valid point about some areas of the media. I think strong areas of the media, including some of our competitors, are not guilty of this charge.”

Poll: Is Paul Dacre right to criticise Justice Eady’s use of the privacy law?

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Daily Mail editor Paul Dacre has caused some controversy this morning after last night’s opening speech at the Society of Editors annual conference – leading to discussion on the Today programme – and widespread media coverage.

He says it is undemocratic that Justice Eady has repeatedly used the privacy law to prevent newspaper coverage of certain issues: he says the High Court judge has brought a privacy law in through the back door. Furthermore, he says it undermines newspaper sales…

“The British press is having a privacy law imposed on it, which apart from allowing the corrupt and the crooked to sleep easily in their beds is, I would argue, undermining the ability of mass-circulation newspapers to sell newspapers in an ever more difficult market.”

Read the full speech here, or a report from the conference here. You can follow @journalism_live on Twitter for more updates from Bristol. So… it’s over to you: click through to vote in our poll:
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