THE ODDS WERE STACKED AGAINST US, SAYS BCA
20 Apr 2010
The British Chiropractic Association (BCA) pulled out of its libel battle with science writer Simon Singh because the Court of Appeal decision in the case meant that that odds were stacked against it, according to the organisation's President.
The Court of Appeal overturned Mr Justice Eady's first instance decision that what Dr Singh wrote about the BCA in a piece on a comment page in The Guardian was a verifiable statement of fact, and that therefore he could not use the fair comment defence.
The extent of the Court of Appeal's ruling took many people by surprise, said BCA President Richard Brown.
Although many clearly saw Dr Singh's statement that the BCA was "happily promoting bogus treatments" for some childhood conditions even though there was "not a jot of evidence" as a statement of fact, the Court of Appeal held that it was a value judgment, Mr Brown said.
"They went further, making reference to an Orwellian Ministry of Truth and accusing the BCA of creating the unhappy impression of trying to silence one of its critics," he said.
"Far from looking at what the ordinary reasonable reader may have thought on reading the article, the judgment went far further than merely considering the meaning of the words (the reason for the original hearing).
"In the face of this remarkable judgment, the BCA had no option but to withdraw from the case.
"As a small organisation, while there were grounds to appeal to the Supreme Court, to have done so would have been, as Singh frequently phrased it, a high stakes poker game; in the face of this judgment the odds would have been stacked against the BCA."
The case, he said, had led to problems for the BCA.
In the aftermath of Mr Justice Eady's original ruling, "a simmering online campaign erupted into a full scale series of over 600 formal complaints made to the statutory regulator, the General Chiropractic Council", mainly over chiropractors' website marketing claims, with further complaints to Trading Standards and the Advertising Standards Authority.
The BCA's action was condemned in equal measure with the case of Peter Wilmshurst, a cardiologist being sued by a US pharmaceutical giant for daring to criticise it, although there were few if any, similarities, Mr Brown said, adding: "The irony has not been lost on the BCA. A small British association, daring to take on a British journalist in a British Court has led to it being squeezed by the might of the media and subjected to ignominy in the Court of Appeal."
He went on: "Where does this leave the BCA (and, for that matter, anyone trying to defend their reputation against a journalist citing that what he wrote was his honestly held opinion)?
"It seems that the right to reputation has taken a battering and the responsibility that comes with the right to free expression has been seriously diluted.
"The media has seized on what it has characterised as irreparable damage to the BCA's reputation. Amongst those closely following the case, it is easy to understand this perception yet there is considerable sympathy with the action that the BCA took to defend its reputation against what it felt were allegations of dishonesty.
"Its decision to withdraw was correct in the circumstances and it will face the consequences of doing so. It remains the view of the BCA that Singh's comments were defamatory and it's clear that anyone reading Singh's original article would have come away with a lower impression of the BCA as a result.
"What would have happened had we had simply ignored the article? In the short term, probably not much. But in standing up for what we believed was right, the BCA fought for its right not to be subjected to false and defamatory allegations and this was the right thing to do."
Mr Brown added: "Whatever the impression that some seek to portray, the BCA will survive this episode and will emerge stronger as a result. As recognised musculoskeletal experts, chiropractors have an important role in managing back and joint pain and bring relief to millions of sufferers each year.
"Yet there is always scope to improve and by focusing on research, evidence-based care and maintaining high standards the BCA can look forward to a bright future ahead, beyond the cloud of volcanic ash in which it currently finds itself."
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