Simon says but loses his right to criticise

IF YOU have ever been tempted to call alternative medicine "bogus", chose your words with care. You could be sued for defamation. That's the message from a ruling in the High Court in London that censured science writer Simon Singh for claiming that the British Chiropractic Association (BCA) promoted "bogus" treatments.

I am a big fan of Simon Singh's books and have just finished his excellent book Fermat's Last Theorem. I have also had some good and some bad experiences with chiropractors in the past but I would defend anyone's right to criticise, not only alternative but also established clinical medicine. In this way refinement, development and progress can be achieved.

Chiropractice is a system of alternative and complementary medicine that treats illnesses by manipulating the spine. Singh made the comment in an article in London newspaper The Guardian in April 2008. The BCA asked him to retract the statement, which it said was wrong and damaging to its reputation. Singh refused, so the BCA sued him for libel.

In a pre-trial hearing last week, the judge ruled that Singh was saying the BCA had knowingly made false claims. He rejected Singh's defence that it was fair comment. "The judge has given us a meaning [of bogus] that is very extreme and that I never intended."

The judge has given us a meaning of bogus that is very extreme and that I never intended

Some lawyers and bloggers see the ruling as a landmark as it could restrict freedom of speech to criticise alternative medicine, and not just in England. People from all over the world are using English libel law to silence their critics (see "Don't criticise, or we'll sue").

BCA president Tony Metcalf said he was delighted that the judge had protected the BCA's integrity.