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Healthy Skepticism Library item: 16200

Warning: This library includes all items relevant to health product marketing that we are aware of regardless of quality. Often we do not agree with all or part of the contents.

 

Publication type: Journal Article

Kmietowicz Z.
Science writer is refused permission to appeal against libel ruling over comments on chiropractors.
BMJ 2009 Aug 5; 339:
http://www.bmj.com/cgi/content/extract/339/aug05_1/b3166


Abstract:

The science broadcaster and writer Simon Singh has been refused permission to appeal against a ruling in the libel case brought against him by the British Chiropractic Association. His case has aroused the anger of many in the science community, who describe the libel laws as encouraging the law courts to silence critics.

The ruling, made in May by Mr Justice Eady, said that an article by Dr Singh for the Guardian newspaper, published on 19 April 2008, was defamatory and alleged that the association was happy to promote bogus treatments (BMJ 2009;338:b2127, 26 May, doi:10.1136/bmj.b2127).

In the article (which has been removed from the Guardian’s website) Dr Singh criticised the British Chiropractic Association for claiming that its members could use spinal manipulation to treat children with colic, ear infections, asthma, sleeping and feeding conditions, and prolonged crying. He described the treatments as “bogus,” saying that . . .

 

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Cases of wilful misrepresentation are a rarity in medical advertising. For every advertisement in which nonexistent doctors are called on to testify or deliberately irrelevant references are bunched up in [fine print], you will find a hundred or more whose greatest offenses are unquestioning enthusiasm and the skill to communicate it.

The best defence the physician can muster against this kind of advertising is a healthy skepticism and a willingness, not always apparent in the past, to do his homework. He must cultivate a flair for spotting the logical loophole, the invalid clinical trial, the unreliable or meaningless testimonial, the unneeded improvement and the unlikely claim. Above all, he must develop greater resistance to the lure of the fashionable and the new.
- Pierre R. Garai (advertising executive) 1963