Category: Defamation

The manifest destiny of an ill-founded application to the ECHR

| 1 Comment
| Defamation

'Manifest Destiny' logo via Keith Burstein's site






I have written twice before about the libel action Keith Burstein took concerning a newspaper review of his opera Manifest Destiny. In Associated Newspapers Ltd v Keith Burstein [2007] EWCA Civ 600 (22 June 2007) the Court of Appeal held the newspaper’s defence of fair comment must inevitably succeed, and made an order dismissing Burstein’s claim. He failed to obtain leave to appeal to the House of Lords, so he applied to the European Court of Human Rights in Strasbourg. I said at the time that I fully expected the ECHR to dismiss the case as manifestly ill-founded. Now comes news that my crystal ball was functioning well: the ECHR has indeed declined to consider the case, much to Burstein’s inevitable chagrin.

I haven’t been able to track down the ECHR decision on admissibility, so if anyone out there has it and could send it to me, I would be very grateful indeed.…

Read More »

Do libel laws chill scientific debate?

| 2 Comments
| Defamation, Defamation Act 2009, libel tourism, Libel tourism

Keep libel out of science logo, via their websiteA few weeks ago, the Science Gallery in TCD hosted a fascinating event on the chilling impact of the law of libel on scientific debate. Chaired by Myles Dungan, the speakers were Simon Singh, who successfully defended a two year libel battle with the British Chiropractic Association, his lawyer Robert Dougans, cardiologist Peter Wilmshurst who is currently being sued for libel in the biggest ongoing medical libel case, and his lawyer Mark Lewis. A video of the event is now up on YouTube.

The cases against Singh and Wilmshurst are English, but, as an article in today’s Irish Times shows, Irish law is to the same effect: …

Read More »

The impact of the UK’s libel amendments on Irish law

| 4 Comments
| Defamation, Defamation Act 2009, Freedom of Expression, Libel tourism, libel tourism

Reform of the UK’s libel laws could have interesting consequences for Irish law. A cartoon from a story in this week’s Economist sets the scene:


Cartoon from the Economist, via their blog

A few extracts from the article accompanying the above cartoon:

Improving a reputation

England’s strict libel laws face a shake-up

Selling legal services to people in other countries is a lucrative business for Britain, but where the libel industry is concerned the trade is increasingly unwelcome. Foreigners can sue each other in English courts, even when publication has been almost wholly elsewhere. .. For foreigners and locals alike, mounting a defence is costly and tricky. …

The fear of libel suits may chill academic debate (big medical companies have sued several scientists for criticising their products). Outfits campaigning against beastly regimes abroad say they have had to defang their reports because of the threat of litigation.

Many want the law to be fairer, simpler, quicker and cheaper. … Anthony Lester QC … submitted a private member’s bill which would make most of the important changes that reformers have been seeking. One would replace the flimsy “fair comment” defence (which easily gets tied up in questions of fact) with a new one of “honest opinion”. … A second change would replace the “responsible publication” defence, which puts more weight on procedure than substance, with one of “public interest”.

…

Read More »

The formal recognition of the Press Council

| 4 Comments
| Defamation, Defamation Act 2009, Press Council

Press Council and Ombudsman logoThe second Annual Report of the Press Council and the Office of the Press Ombudsman (pdf) was launched yesterday. Speaking at the launch, Dermot Ahern, the Minister for Justice, Equality and Law Reform, announced that he had, on 21 April, signed the Order granting the Press Council of Ireland recognition as the Press Council for the purposes of the Defamation Act, 2009. The full text of the Defamation Act 2009 (Press Council) Order 2009 (SI No 163 of 2010) (pdfs here and here) is as follows [with added links]:

Defamation Act 2009 (Press Council) Order 2009 (SI No 163 of 2010)

I, Dermot Ahern, Minister for Justice, Equality and Law Reform, being satisfied that The Press Council of Ireland complies with the minimum requirements specified in Schedule 2 to the Defamation Act, 2009 (No 31 of 2009), hereby, in exercise of the powers conferred on me by section 44 of that Act, make the following order with respect to which, pursuant to subsection (7) of that section, a draft has been laid before each House of the Oireachtas and a resolution approving of the draft has been passed by each such House:

1. This Order may be cited as the Defamation Act 2009 (Press Council) Order 2010.

…

Read More »

Thawing the libel chill?

| 2 Comments
| Defamation, Defamation Act 2009, libel tourism

Science Gallery logoOn Thursday evening, from 6:30pm to 8:00pm, the Science Gallery in TCD will host what promises to be a fascinating event on the chilling impact of the law of libel on scientific debate:

Libel Chill with Simon Singh and Peter Wilmshurst

Libel reform has become increasingly relevant in scientific research and journalism in the UK and Ireland, as highlighted in recent times by the high profile case of Simon Singh. Libel laws have been accused of intimidating journalists, scientists and publishers into silence for fear of legal persecution. The effect has been dubbed “libel chill” and the Libel Reform Campaign argues ‘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.’

Master of ceremonies for the evening will be Myles Dungan, and speakers will include Simon Singh, who successfully defended a two year libel battle with the British Chiropractic Association, and his lawyer Robert Dougans. Cardiologist Peter Wilmshurst who is currently being sued for libel in the biggest ongoing medical libel case, and his lawyer Mark Lewis, will also speak at the event.…

Read More »

Gallimaufry

| 2 Comments
| Censorship, Defamation, Gallimaufry, judges, open access, plagiarism, PowerPoint

GallimaufryDr Johnson defined gallimaufry as

1. A hoch-poch …
2. Any inconsistent or ridiculous medley. …

Here’s a hoch-poch, or hotch-potch (though, of course, not a hotchpot) of links relevant to the themes of this blog that have caught my eye over the last while:

First, an Article 10 Right of Reply? considers the various routes to a legally enforceable right to reply to inaccurate information in the same medium where the original statements were published. In this post, Andrea Martin argued that such a development is neither necessary nor desirable, but that a voluntary scheme operated by broadcast media would have a lot to recommend it.

Second, the Irish judiciary has signalled support for setting up a judicial council, a development anticipated by the ICCL in 2007 which I welcomed at the time.

Third, Slate recently published No More Bullet Points, No More Clip Art (h/t Oisín, offline) arguing that “PowerPoint isn’t evil if you learn how to use it”. But so many people fail to learn how to use it that I have no doubt that my antipathy will continue.

Fourth, a story in the Independent on Plagiarism and PhDs: how to deal with copying says that it “may seem counter-intuitive but postgraduates are more likely to commit plagiarism than undergraduates”.…

Read More »

Simon Singh, ‘bogus’ claims, and – finally – sense about libel

| 11 Comments
| Defamation, Defamation Act 2009, Freedom of Expression

Simon Singh, via his websiteSimon Singh has become an unlikely poster boy for reform of the UK’s libel laws. On Thursday, in an important judgment on the defence of fair comment, the Court of Appeal made it considerably easier for him to defend a libel case being taken against him by the British Chiropractic Association (BCA). Singh is a science writer whose current concern is with the basis and efficacy of alternative treatments. He is the co-author (with Professor Edzard Ernst) of Trick or Treatment? Alternative Medicine on Trial (Bantam Press, 2008; Amazon). On 19 April 2008, in a piece headlined Beware the spinal trap in the Guardian‘s “Comment and Debate” page, he wrote:

The British Chiropractic Association claims that their members can help treat children with colic, sleeping and feeding problems, frequent ear infections, asthma and prolonged crying, even though there is not a jot of evidence. This organisation is the respectable face of the chiropractic profession and yet it happily promotes bogus treatments.

The BCA sued Singh, alleging that this passage was libellous. Aoife McLysaght presented a compelling critique (via YouTube) to Ignite Dublin #3 about this case. To my mind, this is the first of the many worrying aspects of the case.…

Read More »

Recognising the Press Council

| 3 Comments
| Defamation, Defamation Act 2009, Press Council, Press Council

Press Council and Ombudsman logoSection 44 (also here) of the Defamation Act, 2009 (also here) provides that the Minister for Justice may by recognise a body as the “Press Council” , and Schedule 2 (also here) to the Act sets out the minimum requirements such a body must meet to be so recognised. The Irish media established a Press Council of Ireland and the Office of the Press Ombudsman with effect from 1 January 2009, and the Minister announced yesterday that this would be recognised as the Press Council for the purposes of the Act (here’s the press release, with added links):

Ahern to seek Oireachtas approval for formal recognition of the Press Council

The Minister for Justice, Equality and Law Reform, Mr. Dermot Ahern, T.D., announced today that he is asking the Dáil and Séanad to approve an Order by him declaring the formal recognition of the Press Council of Ireland as the “Press Council”.

Minister Ahern said that the application from the Press Council of Ireland under section 44 of the Defamation Act 2009 has been examined with reference to the requirements in Schedule 2 of the Act and that he was satisfied that the application met those requirements.

…

Read More »

© cearta.ie 2025. Powered by WordPress