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May 2010; 36(2) 29 European Science Editing Publications Committee 2009–2012 Chief editor From the Editors’ Desks Moira Johnson [email protected] Production manager 2010 Annual General Meeting facelift and new content management Margaret Cooter We hope that as many of our Italian system: a technical feat for which she [email protected] members as possible will make the has our gratitude and admiration! Secretary effort to join us at Hotel Genio, Turin, Samantha Jeffrey [email protected] on the evening of Saturday 3rd July, EASE author guidelines European Science Editing as well as any EASE members who are These have been approved by Council Articles attending ESOF. The speaker will be and are now available via the website. Stuart Handysides [email protected] Philip Campbell (see p37). Our thanks to Sylwia Ufnalska for All original articles will be peer reviewed suggesting and writing these. Sylwia Essays in editing Social networking sites will now translate these into Polish Marcin Kozak Our accounts on Twitter, Facebook, and we welcome volunteers to [email protected] and LinkedIn are attracting followers translate them into other languages. Editing around the world Dario Sambunjak from within the membership and Please contact Sylwia or the Secretary. [email protected] beyond. These should prove an Viewpoints, Correspondence,Book reviews excellent way of disseminating Goodbye and good luck Moira Johnson information about our activities to a This issue is the last in which [email protected] wider audience. NewsNotes is compiled by Richard Reports of meetings Sharon Davies Hurley. Richard has decided to [email protected] Science Editors’ Handbook step down from the Publications EASE-Forum digest Petter Oscarsson is commissioning Committee to allow him to Elise Langdon-Neuner updates and new articles for the concentrate 100% on his full-time [email protected] Handbook. Anyone with any ideas for job. He has managed the NewsNotes This site I like Moira Johnson topics they would like to see covered column for more than three years, [email protected] should contact Petter or the EASE collecting news items relevant to News notes Secretary. editing and publishing and of interest Richard Hurley to our members. We thank Richard [email protected] EASE website for his unfailing productivity, and Editor’s bookshelf Paola De Castro (coordinator) The latest new feature is an area where wish him well for the future. [email protected] members may promote their editorial Production assistance services for free (and non-members Contributions for next issue Penny Hubbard may do so for a small fee). Emma The copy date for the August issue is [email protected] Campbell is also working on a complete 15 June. Books (Handbook) Petter Oscarson [email protected] EASE Council 2009–2012 Website Emma Campbell President: Joan Marsh, Wiley-Blackwell, International House, 7 High Street, [email protected] Ealing Broadway, London W5 5DB, UK; [email protected] EASE Council Vice-Presidents: Alison Clayson, France; Reme Melero, Spain Joan Marsh (ex officio) Members: Eva Baranyiová, Czech Republic; Mare-Anne Laane, Estonia; Ana Marušić, Croatia; Petter Oscarson, Sweden; Edward Towpik, Poland; Sylwia Contributions for the journal should be Ufnalska, Poland; Moira Johnson, UK (ex officio) sent to the Chief Editor or the appropriate section editor listed above. See the Past-President: Arjan K S Polderman, The Netherlands Instructions to Authors on EASE’s website Treasurer and Company Secretary: Roderick Hunt, UK (www.ease.org.uk). Secretary: Samantha Jeffery; +44 (0)800 098 8853; [email protected] The journal is published in February, May, Membership Secretary: Sheila Evered, EASE, PO Box 6159, Reading August and November, free to paid-up RG19 9DE, UK; tel +44 (0)118 970 0322; email [email protected] members of EASE and available on annual subscription of £60 to libraries EASE website: www.ease.org.uk and other non-members. Disclaimer: The views expressed Correspondence about EASE and applications for membership (see website) should go to by contributors are their own. The the Secretary; correspondence about membership, journal subscriptions, and sales of the Association does not necessarily endorse Handbook should go to the Membership Secretary. the claims of advertisers. To advertise in this journal, or on EASE’s website, please contact: ISSN 0258-3127 John Allardice, 128 Victoria Rise, London SW4 0NW, UK Printed by Qwerty Ltd, The Markham Telephone: +44 (0)20 7720 2390 Mobile: +44 (0)777 444 4466 Centre, Theale RG7 4PE ©EASE 2010 E-mail: [email protected] European Science Editing 30 May 2010; 36(2) Editorial England’s libel laws and scientific censorship On 15 March 2010 the British Chiropractic Association Singh would not have been able to claim a defence of fair (BCA) dropped its libel case against the science writer comment and would have had to prove that the BCA was Simon Singh.1 Singh could have settled earlier but spent being “consciously dishonest”. This ruling might have also two years and more than £200,000 defending himself so this set a precedent, making it difficult for anyone to question must be a huge relief for him—but it was also likely a huge claims made by companies or organizations. relief for his many supporters. These scientists, academics, The Guardian’s lawyers recommended settling out and freedom of speech campaigners say that English law is of court. But Singh maintained that Justice Eady’s being used inappropriately to stifle free speech and scientific interpretation was not what he had intended, and he took debate, not just in the United Kingdom but around the the case to the Court of Appeal. On 1 April 2010 the Lord world. They hope that Singh’s win will accelerate the reform Chief Justice, Lord Neuberger, and Lord Justice Sedley ruled of libel laws in the United Kingdom. that Eady had “erred”. They allowed Singh the defence of Libel is the publication of a defamation that might damage fair comment, which has led to the BCA dropping the case.7 someone’s reputation. The costs of defending an accusation Sense About Science has campaigned for Singh (www. of libel can spiral to hundreds of thousands of pounds. Even senseaboutscience.org/freedebate). And the Index on if the defendant wins, the costs that the judge awards rarely Censorship and English PEN have presented a list of cover the actual outlay. For example, in 2008 the doctor and suggested legal reforms (http://libelreform.org). These journalist Ben Goldacre successfully defended a libel charge include a cap on costs; strengthening the defences of brought against the Guardian newspaper by the vitamin fair comment and public interest; and exclusion of large seller Matthias Rath.2 The case cost the newspaper £535,000 organizations from bringing libel claims unless they can to defend, but only £360,000 was recovered.3 Fear of these prove malicious falsehood. costs mean that many articles do not make it onto page, Scientific debate should occur in journal pages and not and pre-emptive editing by lawyers—that is, self censorship the courts. With these and other cases in the spotlight, libel by journal editors—is a necessity. This impedes scientific reform is likely soon. A recent Ministry of Justice review debate and is ultimately a disservice to the public, which has led to reduced success fees that lawyers can charge has a right to properly scrutinized information. in defamation cases, from 100% to 10%,8 and a working English libel laws have also been criticized for being party at the same ministry has reported on the statute of used by parties based outside of England to sue non-UK limitations and libel tourism.9 All three main UK political citizens because it is easier for the complainant to win. This parties have committed to libel reform in their manifestos may be because under English libel law the burden of proof for the election in May, although they are short of detail. is on the defendant to prove what they have said is true, Richard Hurley and rigorous defences of fair comment and public interest Assistant magazine editor, BMJ are lacking. This “libel tourism” can be brought even if the [email protected] alleged defamation is published in a work that sells just a few copies in the UK or on websites accessible in the UK but References not intended for that audience. 1 Index on Censorship. BCA drop libel case against An example is the case of Peter Wilmshurst, a consultant Simon Singh. http://www.libelreform.org/ cardiologist in the United Kingdom who is being sued news/452-bca-drop-libel-case-against-simon-singh by the US medical device manufacturer NMT Medical. 2 Boseley S. Matthias Rath drops libel action against Guardian. Wilmshurst was a principal investigator in a trial of a device, BMJ 2008;337:a1710. and he made comments about it that the manufacturer 3 Hurley R. The chilling effect of English libel law. BMJ disagreed with on a US website. It is suing him for libel in 2009;339:b4429. London. Attempts to settle have failed, and even if he wins, 4 Dyer C. Doctor could face financial ruin even if he wins libel a trial could ruin Wilmshurst financially.4 case. BMJ 2010;340:c967. The BCA brought the action against Singh after he wrote 5 Singh S. Comment is free: beware the spinal trap. Guardian an article in the Guardian comment pages in April 2008.5 In 2008 Apr 19. the piece Singh criticized the BCA for “happily promoting” 6 Boseley S. Science writer accused of libel may take fight to spinal manipulation for diseases in childhood such as European court. Guardian 2009 May 14.
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