Libel

Simon Singh and the Appeal Decision

My Oxford studies might still be kicking my ass and making me break all my blogging promises but I simply cannot let last weeks development in the Simon Singh case past without comment.

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Simon Singh finally won his appeal!

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Detailed analysis of the victory and what it means, as always, is available from Jack-of-Kent who has provided four excellent articles on the decision (one, two, three and four). Jack’s dependable analysis has also been joined on this occasion by a raft of coverage in the mainstream media, with articles and news segments appearing on practically every notable UK news source (a partial roundup is available here).

The impact of the coverage has particularly struck me, in that I have had friends and family who previously knew nothing about the case (and thus suffered at the hands of my diatribes), contacting me to ask if I saw the decision on the news.  The coverage has also typically included discussion of the wider campaign for reform of the libel laws and has therefore increased the publicity for this excellent cause too!

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With Friends like these.. the BCA and Dr. Milgrom

Lionel Milgrom

Thanks to investigative blogger gimpy I was made aware of an article published in an alternative medical journal a few days back by Lionel R. Milgrom, a prominent British homeopath. Gimpy will be producing a more detailed analysis 0f the lunacy in this article and the failures it represents in the (near?) future and when he does I’ll post a link to it (here it is) but until then I couldn’t let the sheer forehead slapping stupidity of this article pass without offering some comment.

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Libel Laws, Simon Singh & Skeptical Activism

Skeptical Detectives

I first wrote about Simon Singh’s legal woes with the BCA back on the 30th March 2009. It’s now coming up to seven months later and with Simon we’ve been through one preliminary hearing, one refused written application for permission to appeal and now one ACCEPTED oral application for permission to appeal. The fact that it has taken over seven months just to get to a point where Simon has gained permission to question the validity of Eady’s (bogus) interpretation of the meaning of his article is a testament to just how time consuming and complex legal cases, and libel cases in particular, can be.

However, before slipping right back into depression over the UK’s libel law and their plentiful, and all too apparent, problems I think it is worth celebrating the fact that a judge, in this case Lord Justice Laws (what a name!), seemed in making his judgement to take due account of all the arguments and evidence that Eady so casually dismissed as irrelevant. At present it seems that the actual judgement has not been published, or if it has then it has not yet been presented and explained in detail to us non-law folk by the estimable Jack-of-Kent, however by all anecdotal accounts it seems that the judge considered a) the relevance of the surrounding paragraphs- the all important context and b) how it would be all but impossible for Simon to know or prove that an entire organisation was being deliberately dishonest.

This is just one judges opinion but I think it is an excellent illustration of the value of persistence and a clear indication that Eady’s interpretation of the meaning is not necessarily an interpretation that a different judge would have made. This is important because and vindicates the position that the case is worth pursuing not just for its symbolic value. Simon may still win and we may still see a court case that addresses the alleged ‘plethora’ of evidence for the BCA’s claims.

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C’mon Simon!

C'mon Simon!

Today, Simon Singh announced that he will applying for “an oral reconsideration of his application for Permission to Appeal” after his initial application was turned down last week. For the one or two people who don’t already know; Simon is a science writer being sued by British chiropractors for an article he wrote in a newspaper over a year ago and he is asking to appeal because a judge decided in a preliminary hearing that his article meant something that he did not actually believe or intend to suggest and which makes his case very difficult to win.

I’ve been following this case since it started and I have to admit that when Simon’s initial appeal request was turned down last week, although it was somewhat predictable, it did rather dampen my spirits and lead me to reconsider whether  the case was worth pursuing. It seemed to me that Simon had already done more than anyone could have been expected and it seemed like a waste to have such an excellent science writer have his time taken up by expensive legal proceedings that in all likelihood, because of the crazy UK libel laws, he would not win.

After reading Simon’s detailed explanation of why he believes this case is still worth fighting I have now completely changed my mind. If you haven’t read his explanation I suggest doing so now – the announcement is available here. It provides an excellent summary of what’s gone on and also a detailed breakdown on his reasons for fighting on and why he thinks it’s important that he continues. It also reveals that pursuing the case will not prevent Simon from carrying on his usual schedule or deprive the public of any new science books and he makes a very compelling case as to what he hopes fighting the case will achieve.

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Libelous Article or Honest Assesment?

Simon Singh’s battle with the British Chiropractic Association all started over an article written for the Guardian over a year ago on 18th April 2008. Today, the article was republished on the Sense About Science website and across a whole host of magazines and blogs with the two alleged libellous sentences removed.

So I thought I’d contribute my own little bit of help by hosting it up here as well. So below is the original article that caused the whole fracas sans two sentences and if you just cannot live without seeing those immortal ‘allegedly libellous’ statements one more time then good old Jack-of-Kent has posted them up on his site. Enjoy…

Beware the spinal trap

Some practitioners claim it is a cure-all, but the research suggests chiropractic therapy has mixed results – and can even be lethal, says Simon Singh.

You might be surprised to know that the founder of chiropractic therapy, Daniel David Palmer, wrote that ‘99% of all diseases are caused by displaced vertebrae’. In the 1860s, Palmer began to develop his theory that the spine was involved in almost every illness because the spinal cord connects the brain to the rest of the body. Therefore any misalignment could cause a problem in distant parts of the body.

In fact, Palmer’s first chiropractic intervention supposedly cured a man who had been profoundly deaf for 17 years. His second treatment was equally strange, because he claimed that he treated a patient with heart trouble by correcting a displaced vertebra.

You might think that modern chiropractors restrict themselves to treating back problems, but in fact some still possess quite wacky ideas. The fundamentalists argue that they can cure anything, including helping treat children with colic, sleeping and feeding problems, frequent ear infections, asthma and prolonged crying – even though there is not a jot of evidence.

I can confidently label these assertions as utter nonsense because I have co-authored a book about alternative medicine with the world’s first professor of complementary medicine, Edzard Ernst. He learned chiropractic techniques himself and used them as a doctor. This is when he began to see the need for some critical evaluation. Among other projects, he examined the evidence from 70 trials exploring the benefits of chiropractic therapy in conditions unrelated to the back. He found no evidence to suggest that chiropractors could treat any such conditions.

But what about chiropractic in the context of treating back problems? Manipulating the spine can cure some problems, but results are mixed. To be fair, conventional approaches, such as physiotherapy, also struggle to treat back problems with any consistency. Nevertheless, conventional therapy is still preferable because of the serious dangers associated with chiropractic.

In 2001, a systematic review of five studies revealed that roughly half of all chiropractic patients experience temporary adverse effects, such as pain, numbness, stiffness, dizziness and headaches. These are relatively minor effects, but the frequency is very high, and this has to be weighed against the limited benefit offered by chiropractors.

More worryingly, the hallmark technique of the chiropractor, known as high-velocity, low-amplitude thrust, carries much more significant risks. This involves pushing joints beyond their natural range of motion by applying a short, sharp force. Although this is a safe procedure for most patients, others can suffer dislocations and fractures.

Worse still, manipulation of the neck can damage the vertebral arteries, which supply blood to the brain. So-called vertebral dissection can ultimately cut off the blood supply, which in turn can lead to a stroke and even death. Because there is usually a delay between the vertebral dissection and the blockage of blood to the brain, the link between chiropractic and strokes went unnoticed for many years. Recently, however, it has been possible to identify cases where spinal manipulation has certainly been the cause of vertebral dissection.

Laurie Mathiason was a 20-year-old Canadian waitress who visited a chiropractor 21 times between 1997 and 1998 to relieve her low-back pain. On her penultimate visit she complained of stiffness in her neck. That evening she began dropping plates at the restaurant, so she returned to the chiropractor. As the chiropractor manipulated her neck, Mathiason began to cry, her eyes started to roll, she foamed at the mouth and her body began to convulse. She was rushed to hospital, slipped into a coma and died three days later. At the inquest, the coroner declared: ‘Laurie died of a ruptured vertebral artery, which occurred in association with a chiropractic manipulation of the neck.’

This case is not unique. In Canada alone there have been several other women who have died after receiving chiropractic therapy, and Edzard Ernst has identified about 700 cases of serious complications among the medical literature. This should be a major concern for health officials, particularly as under-reporting will mean that the actual number of cases is much higher. If spinal manipulation were a drug with such serious adverse effects and so little demonstrable benefit, then it would almost certainly have been taken off the market.

Simon Singh is a science writer in London and the co-author, with Edzard Ernst, of Trick or Treatment? Alternative Medicine on Trial. This is an edited version of an article published in The Guardian for which Singh is being personally sued for libel by the British Chiropractic Association.

The BCA: Dodging the Issues

Just when you think the British Chiropractic Association might have learnt that every time it offers a public response it tends to blow up in it’s face and that it might be wiser to stay silent a new article by Richard Brown, the BCA vice president, pops up. This time round his response appears in the British Medical Journal and purports to be about ‘clarifying the issues’ surrounding the BCA’s case and the evidence for it’s claims.

And the result?

In the same issue as Brown’s article there is also a response written by Edzard Ernst. Ernst’s response is a short but thorough assessment of the quality and relevance of all of the “substantial evidence” which Brown cites in his article. He shows that every single reference cited by Brown is either irrelevant or of very poor quality. Ernst’s conclusion is that “the association’s evidence is neither complete nor… substantial”. This conclusion is echoed by Fiona Godlee, the editor of the BMJ, who writes that “[Ernst’s] demolition of the 18 references is, to my mind, complete”, proceeds to recommend that all readers of the BMJ should be “signed up to organised skepticism” and finishes by criticising the intrusion of legal cases into what should be scientific debates.

So once again it’s another PR disaster for the BCA as now, thanks to Richard Brown’s article and its terrible citations, one of the UK’s premier medical journals joins the chorus of critical voices directed at the BCA and its libel case. And not only that but it is urging its readers to follow suit! But before anyone starts to feel sorry for poor old Richard let’s take a more detailed look at what he actually said…

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Simon says… Appeal!

Keep Libel Laws out of Science

A good idea...

I’m definitely flogging a dead horse at this stage but I’d be remiss if I didn’t at least mention that Simon Singh has announced that he will be appealing the horrendous decision from the preliminary hearing of his court case against the British Chiropractic Association.

This great news in itself but that’s not all… 

Yesterday, also saw the launching of an extensive and deeply impressive support campaign lead by the UK charity Sense About Science. The campaign is going under the straightforward title of ‘Keep Libel Laws out of Science’ and included the unveiling of a petition asking for exactly what the title suggests. The petition when unveiled already included an incredible list of signatories including university professors, renowned journalists, world famous comedians and yes even skeptical bloggers.

To drop a few names for anyone who hasn’t had a look: Richard Dawkins, Alan Sokal, David King, Stephen Fry, Dara O Brian, Derren Brown, Ben Goldacre, Alok Jha, Michael Shermer, Steven Novella, James Randi, Phil Plait, Nick Cohen, Ricky Gervais, Tim Minchin, David Starkey, Jonathan Ross and David Allen Green have all signed their support (and also all happen to be folks whose work I admire!). There are also many more impressive signatories and I encourage everyone to have a look and then provide their own signature which can all be done from here.

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