2 Apr 2010

Libel unpacked.. recent landmark case.

While Dongkey Rockians have been in bed or awakening to scrape yampee from dey eye.. events in a landmark libel case have been unfolding here in Englan’. “Englan’? Wha’ dah ha’ tuh do wid me who ketchin meh ninnen tuh find food and water dis mornin’?” – a sleepy, weary and totally fed up voice barks from somewhey not too far behine (aka behind) gord back.

Well dis is dee case of the British Chiropractic Association v Simon Singh 2010. And for idiots brainwashed by too much of LA Law etc, it's mouthed as ‘The BCA and Simon Singh’ – NOT ‘The BCA versus Simon Singh’. Doh arks.. jes doh arks.. move on.

It is an important case because it affects freedom of expression in a positive way. You who might have ben fraid tuh express an opeenion… on some public figure or organisation... can sit a little more easily now. Why? Because dem English Law Lords and dem clarify dee legal situation, and dat mean dat Dongkey Rock lawyers and judges will be lorning from dis case. It means dat persons and organisations will be a little more restrained in how dey decide tuh send big lawyers tuh sue yuh backside, when yuh speak dee truth.  Ah t’ink yuh got dee message now i.e. freedom of expression is one of he cornerstones of modern democracy, and freeing it up a bit is no bad thing.

Right – in quick synopsis – from the BBC:

  1. April 2008: Publishes blog on Guardian website criticising British Chiropractic Association. It sues for libel
  2. May 2009: High Court rules article's wording implied BCA was being consciously dishonest
  3. February 2010: Challenges ruling at the Court of Appeal, using defence of fair comment
  4. April 2010: Wins appeal on technical point, that the statements can be regarded as comment

Dr Singh..described the ruling as "brilliant", but added that the action had cost £200,000 "just to define the meaning of a few words’.

I ‘assault’ you with the case law below. A lot of people eh have time as per usual tuh read deez kinda t’ings.. yuh know dee attitude, ‘Eef it doh change dee price o’ corfee… me eh biz!’ – yuh see wha’ ah mean.. dee typical Dongkey Rock attitude. Sue meh man! Is fair comment. LOL. 

The value in reading case law – which is not the preserve of lawyers – is dat yuh lorn how tuh t’ink from people who actually know how tuh t’ink – namely dee English Law Lords. Okay.. okay.. yuh right.. t’inkin’ and Dongkey Rockians.. may not mix very well….yes ah see wha’ happen in dee las’ elecshan or what. So ah guess I appealing to dee mo’ intelligent circumspect types to read some ah dis stuff and spread dee word (also see Disclaimer at end of this post).

[Disclaimer: This article is not meant to suggest that you can ‘wash your mouth’ on people and get away with it. The author accepts no responsibility or liability for any lawsuit or damages in law you may suffer from acting on anything said or perceived in this publication. You must seek independent qualified legal advice before launching any criticism of a person or legal entity that reaches the public domain.]