Justice Eady, who has been involved in a larger number of freedom of speech/libel cases, doesn’t just seem to be on Planet of the Judges he seems to inhabit his own satellite of it.
He is well known for favouring the rich, and usually non-UK based people who object when journalists and others write the truth about them. Instead of supporting the ever decreasing right of free speech he seems always to find in favour of the plaintiff and bans the publication, if possible, as well as awarding against them and lumbering the defendant with costs. This happens even when the article can be demonstrated as true and often has not even been published in the UK; there is a growing swell against these rulings in the US and other countries as they value free speech more than we do.
As an example there is the case of journalist Rachel Ehrenfeld who was sued by Sheik Mahfouz and his two sons over references to them in her book investigating the financing of terrorism. This may lead to the dissolution of the agreement between the UK and the US whereby each others libel awards are respected, the principle of comity.
But Sir David Eady has now made an attempt to kill the progress of science with the case of the British Chiropractic Association versus notable scientist Simon Singh. Unfortunately this case has not received much publicity outside of Private Eye and the scientific press.
The basic facts are that Singh claimed, in his co-authored book, Trick or Treatment, that chiropractics claims to treat colic, asthma, ear infections and other, often child related, problems as bogus and without substantiation.
The BCA took exception to this and Justice Eady’s ruling was that Singh could only say what he did if the BCA knowingly told untruths, it was not enough to disprove them per se, to ask for evidence of the claims, or offer a different interpretation of the data. Obviously this is a much more difficult task, and even Singh never stated that they deliberately misled the public, just that he disagreed with their reading of the evidence; one of the founding principles of scientific methodology being review of the data and conclusions by the community.
Singh was also refused leave to appeal and faces financial ruin over the case.
A support group has been started with many scientists feeling that, if this case sets a precedent, it spells the end of serious scientific debate in this country, as well as elsewhere given Justice Eady’s previous far reaching pronouncements.
Simon Singh is a brave man, he has risked a lot in his defence of free speech and scientific freedom and deserves more publicity and our support.