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Comic Dara O'Briain lambasts 'bully' libel law

By Wesley Johnson, Press Association

England's libel law is being used to bully people into silence, quash dissent and destroy criticism, comic Dara O'Briain said today.

O'Briain backed the need for urgent reform of a "ridiculous system" that was attracting libel tourists and threatening freedom of speech.

The performer and author was speaking the day before leading academics, medical and science editors and human rights activists will lobby MPs and peers to reform libel laws.

Last month, Justice Secretary Jack Straw said he was preparing proposals for reform, calling the current system "unbalanced".

Speaking at the launch of the campaign at The Law Society in central London, O'Briain said: "The libel laws which were initially set up to protect the reputation of individuals at a time when companies weren't the entities they are now are being used by companies to essentially quash dissent and to destroy criticism.

"That's a major problem. Companies can basically bully people out of saying bad things about their products and services."

He added that the "ridiculous" system meant discussion of issues in the public interest, such as dubious medical practices or the benefits of a new pill, were being prevented by the fear of libel.

The Mock The Week presenter also joked his support came at "great personal cost" as he had run a travel agency specialising in libel tourism for many years.

Roger Highfield, New Scientist editor, agreed the libel laws were having a "chilling effect on the discussion of medical therapies".

Author AC Grayling said it was a "profound injustice" that big organisations could "buy the silence of other people".

The libel laws were "an instrument to bash other people with and that's just unacceptable", he said.

Broadcaster Nick Ross added the laws amounted to "bullying done under the veneer of respectability and decency" and libel was a "shameful process".

"The law is simply on the side of the devil, as far as I can see," he said.

Stand-up comic Alexei Sayle, who won a libel case brought against him, added it was "absurd" that he could have lost everything by "saying some words", and joked that he may as well have "stabbed the f*****".

Tracey Brown, managing director of Sense About Science, one of the organisations calling for reform, said the fear of libel was "so damaging".

Human rights groups are holding back on criticising companies, critical biographies were being hindered, and US newspapers were considering blocking users with UK ISP addresses, she said.

Ms Brown added there was "international embarrassment" over the laws, which were also causing medical journals to hold back publication of reports, blocking critical reviews of misleading therapies and leading to fraudulent scientific papers not being withdrawn.

The Coalition for Libel Reform, backed by English PEN, the Index on Censorship, Sense About Science and Reporters Without Borders, said the cost of a libel trial was often in excess of £1 million and 140 times more expensive than libel cases in mainland Europe.

Stephen Fry, who was not at today's launch, said the current situation with "archaic, unfair and illiberal libel laws" was making England a "global laughing stock".

Last month, Mr Straw said radical change was needed.

Media outlets and individuals had to be given clearer rights to freedom of expression, he said.

Freedom of speech campaigners have suggested that libel payouts could be capped at £10,000, and apologies made the main remedy.

There have also been calls for the burden of proof to be shifted, so claimants have to demonstrate damage.

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Comments

Law
[info]bobnot wrote:
Thursday, 10 December 2009 at 08:20 am (UTC)
The sad thing is that we don't actually have many rights in this country. We have basic human rights. Which the Conservatives appear intent on denying us. We are free to go to get arrested for almost any reason. E.g. political dissenters arrested on terrorism related charges.

Most people in this country are denied basic justice because they can not afford the massive legal fees generated by almost any appeal to the courts. Is that justice? It doesn't appear so to me.
Fry fellatin'
[info]sihowells wrote:
Thursday, 10 December 2009 at 08:40 am (UTC)
If I too don't attend a campaign launch, will the Independent quote my previous comments?
ABOUT TIME TOO
[info]soaring_eagle1 wrote:
Thursday, 10 December 2009 at 08:51 am (UTC)
Well done to Dara and the others supporting the repeal of this utterly ridiculouse law
Hypocracy about libel laws
[info]mind_ful wrote:
Thursday, 10 December 2009 at 09:04 am (UTC)
It seems to me that what these comic figures dont like is that they are not allowed to lambaste complementary medicne. It isn't big business they are worried about, it is not being allowed to insult, lie about and generally defame anything they don't like or understand, or feel is a threat. Lately, this has foucussed on homoepathy, which is increasing inpopularity as more an more people realise that drugs kill you. The libel laws actually protect our freedom of choice - that is the right to choose a non-drug based system of medicine (wahtever some comedian thinks of it) if that is what we prefer. However in the wave of ignorant comics climbing on the fundementalist's in science (whatever that is) bandwagon, and mouthing off ignorant remarks about things of which they know absoltuely nothing (such as the evidence base behind homoeopathy) the results is that these individuals act as a mouthpiece for the drug companies. They know nothing and yet they have loud and ignorant opinions on popular tv and radio. Without protection, your choice not to line the pockets of big phamaceutical companies will soon be gone. Thaks to a lot of jokers like this one.
Re: Hypocracy about libel laws
[info]nialltubes wrote:
Thursday, 10 December 2009 at 09:42 am (UTC)
"such as the evidence base behind homoeopathy"

Perhaps you'd like to cite some? You obviously understand nothing about the scientific method. This works by somebody proposing a theory (e.g. Water has some kind of "memory") then everybody else tries to prove/disprove this theory and is entitled to publish their results. The homeopathy society is using these libel laws to stifle this process which can only be a bad thing for everybody.

I suggest you read some articles by Ben Goldacre (badscience.net); here's one to start with

http://www.badscience.net/2009/11/all-bow-before-the-mighty-power-of-the-nocebo-effect/

Re: Hypocracy about libel laws
[info]aguers wrote:
Thursday, 10 December 2009 at 11:18 am (UTC)
Hey, let's leave homeopathy alone. The so-called 'science' with its 'evidence' and 'double blind testing' is exactly the reason why my complementary stick therapy isn't recognised by the 'establishment' as being 'effective'. My reasoning behind the Complementary Stick Therapy (or CMT) is thus: since all illnesses are, more or less, a disbalance of chakratic energy, the healing power of wood when briefly applied to the skin dispenses the power of Gaia, reminding the body of natural balance and dispelling the contaminating influence of modernity. At an atomic level, the wooden stick's memory of carbon interacts with the industrial carbon held in the body of the patient (or contaminant) or, as I call him, Mike. 'Conventional' science has yet to demonstrate any value or effect in this treatment, but what do they know? (Until, of course, they somehow happen to prove something, and then I'll be perfectly happy to welcome science into my epistemology without the quotation marks. But, for now, it's mean and nasty 'science'). Mike doesn't have a research grant, but he tells me the stick has done wonders for his vague sense of unease, and fully expects it to get going on the pancreatic cancer any day now. Although he would say that, he's a Virgo.
Re: Hypocracy about libel laws
[info]aguers wrote:
Thursday, 10 December 2009 at 11:26 am (UTC)
Of course, I meant CST. Quick, where's my 0.000000000000000000000000000001% dilution of arnica when I need it?
Re: Hypocracy about libel laws
[info]joss75321 wrote:
Thursday, 10 December 2009 at 11:05 am (UTC)
You idiot. The libel laws are used by large pharm too. They make it almost impossible to point out when a drug has disastrous side effects for some people. Just because you can think of one little area where a law is used to favour a pet cause of yours does not mean its a good thing.
Re: Hypocracy about libel laws
[info]rockinrog wrote:
Thursday, 10 December 2009 at 02:02 pm (UTC)
This is the FOURTH TIME I have seen this: the word is HYPOCRISY!!!
Fry is right for once
[info]bobbellinhell wrote:
Thursday, 10 December 2009 at 12:22 pm (UTC)
I hate to agree with the man who goes mnyyyaaah but Britain's libel laws do need changing pronto. When they interfere with scientific research then things have gone too far.
Homeopathy
[info]leonore1935 wrote:
Thursday, 10 December 2009 at 03:13 pm (UTC)
It is the right of anyone to use homeopathy, after all it is supported by that well know scientist Charles
Windsor. Who has embraced several strange theories before.
However if water retains a 'memory' of the substances diluted to an infinitesimal degree in the cures,
it must also retain a memory of all the sewage and heavy metals it has had disolved in it in its many circuits of the cycle.
Alternative Therapies
[info]brog_111 wrote:
Thursday, 10 December 2009 at 03:48 pm (UTC)
Guide to Wealth Creation via Alternative Therapies.

1. -- Keep your theories vague, and applicable to all maladies.
2. -- Make them pseudoscientific and attractive to the credulous.
3. -- Promise much but keep complete cure just around the corner.
4. -- Create immunity for your theories from expected forms of criticism. “It's not suitable for the usual forms of scientific validation and should not be judged as if it is!”
5. -- If possible suppress any damaging information, use libel suits if necessary.
6. -- Consider the use of ritual and even messianic aspects to provide mystique, modify this according to need and expectations of your target group.
7. -- Create stakeholders of your therapists , treat them well, give them status, make them feel they have special knowledge. They are the foot soldiers of your empire!
8. --Make hay while the sun shines. The vagaries of therapeutic fashion are fickle. Your influence and income will eventually wane.

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