Tagged: libel

How to deal with a PR man who emails like a lawyer

There’s a fascinating case study going on across some skeptics blogs on dealing with legal threats from another country.

The Quackometer and Rhys Morgan have – among others – received emails from Marc Stephens, who claims to “represent” the Burzynski Clinic in Houston, Texas, and threatens them with legal action for libel, among other things.

What is notable is how both have researched both Stephens and the law, and composed their responses accordingly. From Rhys Morgan:

“I have carried out some internet research, and I have not been able to establish whether or not Mr. Stephens is a lawyer; certainly he does not appear to be a member of the California Bar nor the Texas Bar in the light of my visit to the California Bar Association’s and the State Bar of Texas’s websites.”

From Quackometer:

“This foam-flecked angry rant did not look like the work of a lawyer to me. And indeed it is not. Marc Stephens appears to work for Burzynski in the form of PR, marketing and sponsorship.”

There’s plenty more in each post, including reference to case law and the pre-action defamation protocol, which provide plenty of material if you’re ever in a similar situation – or hosting a classroom discussion on libel law.

via Neurobonkers

When is an online comment defamatory?

Rob Minto looks at two recent cases that leave the field of libel online as confusing as ever.

For several years, newspapers, bloggers and other online publishers have been waiting for a landmark case to clarify defamation online.

The unanswered questions have been along the lines of: who’s responsible – the author or publisher (or even ISP)? What jurisdiction will it fall in? What kind of audience is required (if at all?)

In the UK, in quick succession, there have been two cases which have, if anything, muddied the waters. Continue reading →

Libel advice for bloggers

Sense About Science – along with a whole raft of other organisations* – have published a libel guide for bloggers: ‘So you’ve had a threatening letter. What can you do?’ Below is the animated button they’ve created that practically begs you to click it and download the PDF.

I’m curious why they haven’t published it as a series of webpages to make it easier to find via search, and to link to – maybe I’m missing something. In the meantime, the PDF is well worth a download.

*Index on Censorship, English PEN, the Media Legal Defence Initiative, the Association of British Science Writers and the World Federation of Science Journalists.

Presentation: Law for bloggers and journalists (UK)

Yesterday I hosted a session on law for my MA Online Journalism students, which I thought I would embed below.

Some background: I teach all my sessions in a coffee shop in central Birmingham – anyone can drop in. This week I specifically invited local bloggers, and so the shape of the presentation was very much flavoured by contributions from The Lichfield Blog‘s Philip John; Nick Booth from Podnosh and BeVocal; Talk About Local‘s Nicky Getgood; Hannah Waldram of the Bournville Village Blog; Gavin Wray, Matthew Mark, and Mike Rawlins of Stoke’s Pits N Pots. The editor of the Birmingham Post Marc Reeves also came for an hour to share his own experiences in the regional press.

Two things occurred to me during the process of preparation and delivery of the session. The first is that law in this context is much broader: as well as the classic areas for journalists such as defamation, you have to take into account online publishing issues such as terms and conditions, data protection and user generated content.

Secondly, I’ve long been an advocate of conversational teaching styles (one of the reasons I teach in a coffee lounge) and this was a great example of that in practice. The presentation below is just a series of signposts – the actual session lasted 4 hours and included various tangents (some of which I’ve incorporated into this published version). Experiences in the group of students and guests ranged across broadcasting, print, photography, online publishing, academic study, and international law, and I came out of the session having learned a lot too.

I hope you can add some more points, examples, or anything I’ve missed. Here it is:

How can the government save journalism?

I had an interesting meeting recently with an MP who wanted to get a handle on the state of the media right now and how good journalism could be supported. Rather than just hear my voice I thought it would be worth starting something wider that involves more voices, and point him to this.

To kick things off, here are some of the things I thought the government could do to create an environment that supports good journalism:

  • Release of public data (I’ve made this case before – it’s about helping create efficiencies for anyone reporting on public bodies). He seemed to feel that this argument has already been won.
  • Tax relief on donations to support investigative journalism: a number of philanthropists, foundations, public bodies and charities are starting to fund investigative journalism to fill the ‘market failure’ of commercial news production. In addition, an increasing amount of investigative journalism is being done by campaigning organisations rather than news organisations, and there is also the opportunity for new types of businesses – social enterprises and community interest companies – to fund journalism.
  • Encouraging innovation and enterprise: as regional publishers reduce their reporting staff and shut down their less profitable publications, gaps are appearing in local news coverage. Local people are launching news sites and blogs to fill those gaps – but not quickly enough, or with the resources, to match what was left behind. Funds to support these startups are much-needed and might also encourage journalists who have been made redundant to put their experience into an independent operation. There is no evidence to suggest that subsidising existing publishers will subsidise journalism; indeed, I would suggest it will stifle local innovation and economic growth.
  • Reskilling of redundant journalists: related to the last point, I would like to see funds made available to help put redundant journalists (more Chris Browns and Rick Waghorns) in a position to launch news startups. They have a wealth of experience, ability, knowledge and contacts that shouldn’t be left to waste - give them online and enterprise skills.
  • An effective local news consortia: The Digital Britain-mooted local news consortia is a vague idea in need of some meat, but clearly it could go some way to meeting the above 2 by supporting local independent media and providing training. Allowing the usual suspects to dominate any new operation will see business as usual, and innovative independent operators – including those who work on a non-commercial basis – will quickly become disillusioned. The idea of putting some or all of the commissioning process in the hands of the public, for instance, could be very interesting.
  • Address libel laws: one of the biggest obstacles to investigative reporting is the potential legal costs. Most newspapers now make a hard commercial decision on stories: if the story is worth enough money to make it worth fighting, it gets published; otherwise, it doesn’t. Public interest or importance is not the major factor other than in how it affects likely sales. Likewise, startup operations are likely to shy away from edgier reporting if they feel they can’t afford to fight for it in the courts. Stopping councils from suing for libel was an important step; keeping libel laws out of science should be the next one – and it shouldn’t stop there.

So those are the ideas that occurred to me. What would you suggest this MP, and government, do to help journalism?

…Meanwhile, bloggers investigate scientific claims

Ben Goldacre writes about the suing of Simon Singh by The British Chiropractic Association (you’ll see a badge on this blog on the issue), and how bloggers have helped investigate their claims.

“Fifteen months after the case began, the BCA finally released the academic evidence it was using to support specific claims. Within 24 hours this was taken apart meticulously by bloggers, referencing primary research papers, and looking in every corner.

“Professor David Colquhoun of UCL pointed out, on infant colic, that the BCA cited weak evidence in its favour, while ignoring strong evidence contradicting its claims. He posted the evidence and explained it. LayScience flagged up the BCA selectively quoting a Cochrane review. Every stone was turned by Quackometer, APGaylard, Gimpyblog,EvidenceMatters, Dr Petra Boynton, MinistryofTruth, Holfordwatch, legal blogger Jack of Kent, and many more. At every turn they have taken the opportunity to explain a different principle of evidence based medicine – the sin of cherry-picking results, the ways a clinical trial can be unfair by design – to an engaged lay audience, with clarity as well as swagger.”

Here’s the payoff:

“a ragged band of bloggers from all walks of life has, to my mind, done a better job of subjecting an entire industry’s claims to meaningful, public, scientific scrutiny than the media, the industry itself, and even its own regulator. It’s strange this task has fallen to them, but I’m glad someone is doing it, and they do it very, very well indeed.”

TV station forces blogger to withdraw criticism of its coverage

Statement on Chetan Kunte's blog
Statement on Chetan Kunte

Here’s a clever move:

Lesson to news organisations: your viewers are your distributors now. Suing them is not good management. Nor is it good for freedom of speech – something you might find useful yourselves in the future.

Advice for someone with a big story, but no evidence

I have been approached with the following question, which raises such a range of issues, and is so tough to answer, that I thought it best to open it up to you. The person has given permission for me to do this on condition of anonymity. Here’s the question – what would be your response?

Suppose someone, in a vulnerable position, having little resources, knows something very very serious that happened some time ago. He has no evidence at all other than that he was there.

It’s a political scandal of some size. Headline news if true. Continue reading →