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  1. #1

    Default Libel Reform

    Story time, kids.

    May I apologise for introducing you to Matthias Rath, the villain of this piece.



    Like some cross between Dr Strangelove and Hitler, this man is hopefully going to burn into your conscious and serve as an angry splinter until he is thoroughly destroyed. Matthias Rath is a quack. He is owns a vitamin pill company, which produces the products he pushes on the desperate and the ignorant with appalling consequences.

    Matthias Rath built up is power-base and wealth in Europe where he claimed that "90 per cent of patients receiving chemotherapy for cancer die within months of starting treatment" and suggested that three million lives could be saved if convention medicine was abandoned. Why did this happen? Rath claimed that pharmaceutical companies were purposefully killing cancer patients for financial gain. The answer? Rath's own vitamin pills, of course. He claimed they cured cancer.

    The response to this was underwhelming. A man literally claiming his vitamin pills could cure cancer in order to profiteer off the horrible suffering of cancer victims and their families and all that happened was that the The Advertising Standards Authority criticised him in the UK, and in Berlin he was ordered to stop claiming his pills cured cancer, or be fined 250,000 euros. This, we will see, was not enough.

    When Rath decided to expand into South Africa he did so with the wealth and status he had generated in Europe and America. With these resources he started taking out full-page ads.

    "The answer to the AIDS epidemic is here". Said Rath. "Stop AIDS Genocide by the Drugs Cartel" read one headline. Yes, Matthias Rath went to South Africa, a country where AIDs kills 300,000 people every year, or one person every two minutes. 6.3 million people in South Africa are HIV positive. 30% of all pregnant women. There are 1.2 AIDS orphans. This was the country that Rath methodically chose to target, to claim that anti-retroviral drugs were poisonous, and a great conspiracy to kill people for profit.

    "Why should South Africans continue to be poisoned with AZT? There is a natural answer to AIDS." You may have already guessed what Rath believes this answer is. "Multivitamin treatment is more effective than any toxic AIDS drug." He used his wealth to launch a large advertising campaign, set up clinics and run unethical trials where people were taken off retrovirals and were subsequently declared illegal by the Cape High Court of South Africa.

    Rath didn't have to fear the authorities long. At the time Thabo Mbeki, a known "AIDS dissident", was in power in South Africa. Rath's colleague and employee, a barrister called Anthony Brink, takes the credit for introducing Thabo Mbeki to Rath's ideas. The result was that Mbeki's Government refused to roll out proper treatment programmes, refused to accept international donations of drugs or money to buy these drugs. Mbeki sent a letter to world leaders comparing the "AIDS dissidents" movement to the fight against apartheid. The White House was so shocked by the letter they had to check it was genuine. Mbeki's health minister, Manto Tshabalala-Msimang advocated the treatment of AIDS with a potato. One study suggests that without this policy 171,000 new infections and 343,000 deaths could have been prevented. Rath introduced unecessary slaughter on a grand scale.

    This lasted until 2003, when grassroot organisations overturned the policy. But even in mid-2005 at least 85 per cent of HIV- posiive people that need anti-retroviral drugs were refused them.

    Not only all this but Rath actively attacked genuine AIDS treatment groups. One such targeted group was the Treatment Action Campaign. This organisation campaigns for access to anti-retroviral medication against their Government, the pharmaceutical industry and its unnecessarily high prices. It also does work in the townships, educating and fighting against misinformation like Rath's.

    Rath has launched a massive campaign against them. "Treatment Action Campaign is killing you". The founder of TAC is a man called Zackie Achmat. He was imprisoned under apartheid, is HIV positive and refused anti-retroviral medicine on principle until it was widely available to all who needed it, even after Nelson Mandela pleaded with him to do so. Anthony Brink filed a complaint against him, bizarrely with the International Criminal Court at The Hague, acussing Achmat of genocide. Here is a part of that complaint:

    APPROPRIATE CRIMINAL SANCTION

    In view of the scale and gravity of Achmat's crime and his direct personal criminal culpability for 'the deaths of thousands of people', to quote his own words, it is respectfully submitted that the International Criminal Court ought to impose on him the highest sentence provided by Article 77.1(b) of the Rome Statute, namely to permanent confinement in a small white steel and concrete cage, bright fluorescent light on all the time to keep an eye on him, his warders putting him out only to work every day in the prison garden to cultivate nutrient-rich vegetables, including when it's raining. In order for him to repay his debt to society, with the ARVs he claims to take administered daily under close medical watch at the full prescribed dose, morning noon and night, without interruption, to prevent him faking that he's being treatment complient, pushed if necessary down his forced-open gullet with a finger, or, if he bites, kicks and screams too much, dripped into his arm after he's been restrained on a gurney with acable ties around his ankles, wrists and neck, until he gives up the ghost on them, so as to eradicate this foulest, most loathsome, unscrupulous and malevolent blight on the human race, who has plagued and poisoned the people of South Africa , mostly black, mostly poor, for nearly a decade now, since the day he and his TAC first hit the scene."

    The Rath Foundation described it as "entirely valid and long overdue".

    So where do we, and libel, come into this? Basically, libel law in the UK is absurd and oppressive, and Rath used this to sue British doctor, blogger and columnist Dr Ben Goldacre, whose book Bad Science is the source for my post. I can't impress upon you enough how much I feel you should read it. Dr Goldacre wrote several articles in The Guardian about Rath and in response he sued him and the paper for libel. In September 2008 Rath dropped the case, which had cost in excess of £500,000 to defend. Ben Goldacre and The Guardian cannot expect to receive all this money back.

    In excess of £500,000 to defend your right to freedom of speech from a mass murderer in ing England. That is a scandal.

    In England libel cases are 140 times more expensive than anywhere else in Europe. So the very threat of suing for libel may be enough to stop somebody speaking out. It may be somebody like Rath. It may be a whistle-blowing doctor. It may be Simon Singh, another journalist who wrote about chiropractors' claims they could cure childhood diseases through manipulation of the spine, and was subsequently sued by the British Chiropractic Association. This is ongoing and they are suing Singh personally (not The Guardian). They are trying to force his silence by ruining him.

    London is now the centre of libel tourism. That is a disgrace. That is not the sort of country I want to be a part of.

    You can, and I hope you will, read more at the Campaign for Libel Reform's website. There are lots of little things you can do to support the campaign, and I hope you will give them some thought.

    http://libelreform.org/

  2. #2
    Jom's Avatar A Place of Greater Safety
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    Default Re: Libel Reform

    Just putting Goldacre's link here to the regular column that he writes in the Guardian. As Ferrets very rightly points out it's an excellent read as he deals with the faulty use of science and statistics in the media and government; science and statistics that are manipulated in order to back up a certain point of view.

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  3. #3

    Default Re: Libel Reform

    This man is allowing to claim such things uncontested? Seriously?!

    Why are libel cases so expensive in Britain anyway?

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  4. #4
    Jom's Avatar A Place of Greater Safety
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    Default Re: Libel Reform

    Quote Originally Posted by Mythos View Post
    This man is allowing to claim such things uncontested? Seriously?!

    Why are libel cases so expensive in Britain anyway?
    The main problem is that as things stand, the burden of proof lies with the defendant. They have to prove that the statement they made, which is being claimed as being libellous, is in fact true. This could be a very expensive process, particularly in the field of science, as you can imagine, because of all the research required, people to be contacted etc. It would be much better if the burden of proof lay with the plaintiff.
    Last edited by Jom; March 27, 2010 at 05:09 PM.

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  5. #5

    Default Re: Libel Reform

    Quote Originally Posted by Jom View Post
    It would be much better if the burden of proof lay with the plaintiff.
    Then you'd just get a mirror problem, with the media wielding too much power. A middle road is required alongside the government imposing some cost control measures. Oh, and some heavy restrictions on libel tourism.
    Last edited by Desperado †; April 09, 2010 at 12:57 PM.

  6. #6

    Default Re: Libel Reform

    Quote Originally Posted by Mythos View Post
    This man is allowing to claim such things uncontested? Seriously?!

    Why are libel cases so expensive in Britain anyway?
    Claimants, especially if they are major companies suing an individual, can afford to push the cases harder in the secure knowledge they are not obliged to repay the respondant's costs in whole. But honestly, I'm not entirely sure why they're so expensive. It's massively disproportionate - a libel case in the UK can cost £1 million, even though the damages may amount to £10,000.

    Remember the South Park episode where Tom Cruise is trapped in the closet, and the episode ends with the Church of Scientology screaming at Stan "we'll sue you in England!" Well, this is why.

    The irony being that episode can't be shown in the UK in case the Church of Scientology sues the TV network for libel.
    Last edited by removeduser_487563287433; March 28, 2010 at 02:35 AM.

  7. #7

    Default Re: Libel Reform

    Quote Originally Posted by Ferrets54 View Post
    Claimants, especially if they are major companies suing an individual, can afford to push the cases harder in the secure knowledge they are not obliged to repay the respondant's costs in whole. But honestly, I'm not entirely sure why they're so expensive. It's massively disproportionate - a libel case in the UK can cost £1 million, even though the damages may amount to £10,000.

    Remember the South Park episode where Tom Cruise is trapped in the closet, and the episode ends with the Church of Scientology screaming at Stan "we'll sue you in England!" Well, this is why.

    The irony being that episode can't be shown in the UK in case the Church of Scientology sues the TV network for libel.
    Christ. And I thought my country and the US had extremely silly and lenient libel laws.
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  8. #8

    Default Re: Libel Reform

    Agreed.We need to stop absurdities such as this..

    http://www.guardian.co.uk/media/2009.../bbc-trafigura

    The BBC today made what it presented as a tactical climbdown in its libel battle with the oil trading company Trafigura.

    After negotiations with Trafigura director Eric de Turckheim this week, the broadcaster agreed to apologise for a Newsnight programme, pay £25,000 to charity, and withdraw any allegation that Trafigura's toxic waste dumped in Africa had caused deaths.

    But at the same time, the BBC issued a combative statement, pointing out that the dumping of Trafigura's hazardous waste had led to the British-based oil trader being forced to pay out £30m in compensation to victims.

    "The BBC has played a leading role in bringing to the public's attention the actions of Trafigura in the illegal dumping of 500 tons of hazardous waste" the statement said. "The dumping caused a public health emergency with tens of thousands of people seeking treatment."
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  9. #9

    Default Re: Libel Reform

    Ah yes, I already signed that petition some months ago, when I heard about Simon Singh. I find it astonishing - both what Matthias Rath has gotten away with claiming and how ludicrous libel law is in Britain...



  10. #10
    Lazzeer's Avatar Biarchus
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    Default Re: Libel Reform

    English libel reform is definitely far overdue, and with London as the current world capital for Libel cases, it certainly would be interesting to see how reform effected this.
    As far as I can tell, your entire enterprise is little more than a solitary man with a messy apartment which may or may not contain a chicken.

    It's all fun and games until people start getting eaten

  11. #11
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    Default Re: Libel Reform

    Can't we get someone of Saddam Husseins childrent to sue Teflon Tony and Gordon Brown for libel regarding the possession of WMDs?

    It should be a fun case to follow and at the same case draw attention to the ridiculous libel laws.

  12. #12
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    Default Re: Libel Reform

    Quote Originally Posted by Adar View Post
    Can't we get someone of Saddam Husseins childrent to sue Teflon Tony and Gordon Brown for libel regarding the possession of WMDs?

    It should be a fun case to follow and at the same case draw attention to the ridiculous libel laws.
    I think they would be secondary to suing Bush and Rumsfeld, no? Although them too. Although there is a good case that Straw deserves the kicking a little more than Broon.

  13. #13
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    Default Re: Libel Reform

    That's some disturbing stuff. Here in the good ole USA we have small entrepenuers peddling over-priced wines and pills that resist disease and lose weight with no effort. On top of that, there's the various companies selling all manner of vitamins and workout supplements making all sorts of ludicrous claims. I really think companies should have to provide real and verifiable studies on the actual affects of their products. Independent studies should be made on the claims, but I don't think there is much interest.

    In any case, I don't know of any product that is similar to Rath.... I mean, curing AIDS? Wow... Here in the States I'm fairly certain that an enterprising lawyer would make a killing suing that man for false claims after a family member died as a result of his panacea. We Americans do love our lawyers.
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  14. #14

    Default Re: Libel Reform

    From this week's The Economist:
    Spoiler Alert, click show to read: 

    Libel-law reform
    Fairer but still costly
    Reform of England’s tough libel law is moving up the agenda
    Mar 25th 2010 | From The Economist print edition

    Whether or not lie detectors work sounds like a good subject for open and honest discussion. Unless English libel courts get in the way, that is. Francisco Lacerda, a Swedish professor of phonetics, believes that the science of analysing voices for signs of stress—and therefore deceit—is flawed. He published an article called “Charlatanry in Forensic Speech Science” in an academic journal. The publisher was then threatened with a libel action by an Israeli company that made devices that Mr Lacerda criticised.

    The case (which has not come to court) is the latest to be cited by a coalition demanding changes in English libel law. Others include that of a British cardiologist, Peter Wilmshurst, who criticised the safety of an American-made medical device at an American conference—but is being sued, personally, in England. The law, critics say, unfairly protects reputation at the cost of the public interest. That hurts journalists, and scientists and anti-corruption campaigners. They also worry about “libel tourism”: foreigners fighting cases in English courts that would be unsuccessful elsewhere.

    On March 24th the justice secretary, Jack Straw, said Labour would introduce a bill reforming libel law after the election. It would create a statutory “public interest” defence and restrict libel tourism. Campaigners welcomed the promise, which is a defeat for some senior judges who have argued that nothing much is amiss. The Conservatives and Liberal Democrats also support reform.

    A report issued on March 23rd, by a working group at the justice ministry, calls for changes too. But it also explains how hard it will be make them work. It is not true that the law in England currently allows no defence based on responsible journalism in the public interest. Thanks to some landmark judgments in recent years, that already (to some extent) exists. And courts have shown themselves willing to rule against claims by foreigners when no significant publication took place in England.

    But winning such victories may be prohibitively costly. England’s adversarial system of justice expects both sides to be represented; it does not encourage judges to be inquisitorial, as in continental Europe. Cutting costs would reduce the problem for small, poor news organisations that are being sued by tycoons (a notable example involves a Ukrainian website). But for scientists who are just trying to do their job a robust public-interest defence matters even more.


    http://www.economist.com/world/brita...ry_id=15777641

    … and a link to the primary source of the proposed reform:

    http://www.justice.gov.uk/publicatio...oup-report.htm

    … where one may download and peruse the 92 page PDF file at one's leisure. The gist, however, appears to be the notion of a "public interest" defense and limits on libel tourism. Not having read the report (and am not going to either), I am (and will remain) in the dark as to how the reform addresses the real problem which is the excessive cost of what we in the United States term "slap suits".
    Last edited by skh1; March 28, 2010 at 02:23 PM.

  15. #15
    mp0295's Avatar Vicarius
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    Default Re: Libel Reform

    Yeah finally, i was started to think the brits were losing it. i always hear about that sort of stuff happening across the pond and it was frightening really. But now hopefully that campaign will stop it. Good luck.


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  16. #16

    Default Re: Libel Reform

    Of course, one wonders why the Libel laws are what they are...

    If something writes something false about me and publishes it, I bring an action to defend my own name, why should the burdon fall on me to prove that what was said was wrong? If someone is going to publish something, they should be in a position to prove that it is correct or withdraw it.

    Say, for example, that my local paper publishes that I have criminal convictions. (For the record, i do not) as a local elected official, such a claim could devastate my local reputation permanently, regardless of whether a retraction is printed. Lots of people may assume that because the paper published it, it must be true and only withdrew it over threats of legal action. Something completely unfounded could end my elected career.

    And you say the onus is on me to prove that the paper is wrong? This matter is relatively straightforward, I can write to the police and make a data protection request for my record to be disclosed. It costs £10 to do so. Why should I have to pay. If the paper wants to say something false about me, they can foot the bill to prove their claim is correct or damn well shut up.

    Freedom of expression is important. Libel laws place the burden of proof as they do to remind people that freedom is not unqualified and comes with it a responsibility.


    This is not to say of course that reform is not needed. Libel has been overlooked for too long for reform, especially in view of the digital age in which we live.

  17. #17
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    Default Re: Libel Reform

    Quote Originally Posted by the Black Prince View Post
    Of course, one wonders why the Libel laws are what they are...

    If something writes something false about me and publishes it, I bring an action to defend my own name, why should the burdon fall on me to prove that what was said was wrong? If someone is going to publish something, they should be in a position to prove that it is correct or withdraw it.

    Say, for example, that my local paper publishes that I have criminal convictions. (For the record, i do not) as a local elected official, such a claim could devastate my local reputation permanently, regardless of whether a retraction is printed. Lots of people may assume that because the paper published it, it must be true and only withdrew it over threats of legal action. Something completely unfounded could end my elected career.

    And you say the onus is on me to prove that the paper is wrong? This matter is relatively straightforward, I can write to the police and make a data protection request for my record to be disclosed. It costs £10 to do so. Why should I have to pay. If the paper wants to say something false about me, they can foot the bill to prove their claim is correct or damn well shut up.

    Freedom of expression is important. Libel laws place the burden of proof as they do to remind people that freedom is not unqualified and comes with it a responsibility.


    This is not to say of course that reform is not needed. Libel has been overlooked for too long for reform, especially in view of the digital age in which we live.
    this is actually a really interesting post. It was real thought provoking. I would like to know why the law is the way round it is

  18. #18
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    Default Re: Libel Reform

    To be honest, I think it's more fair that the burden of proof be with those that publish the claim. I certainly don't think slander is right, nor do I think freedom of speech should go as far as the right to ruin other's reputations.

    It's something I haven't thought about much, though, until I read this thread. I'm just wonder how the content of the tabloids would change if libel laws were reformed, though. Just think of all the crap they could legally publish...
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  19. #19

    Default Re: Libel Reform

    Yes, and think of all the stuff we'd know about that we currently don't due to gagging orders and the threat of libel actions. You are aware of the BBC/Guardian Carter Ruck scandal, I presume?

  20. #20
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    Default Re: Libel Reform

    No. As I said it's not something I've thought about much. My opinion can easily be swayed, and the Rath and Dr Goldacre did. I just don't want some ****** tabloid to be able to publish "Shaun is a paedophile" and then have an angry mob at my door. Refer to tBP's post.
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