Some weeks you buy twenty issues of the New Scientist - and proudly give signed copies of an article to anyone you meet - and some weeks you forget to buy it at all.
This was one of the latter weeks, and so I missed initially the delightful and amusing letter by Dr George Lewith in response to my article on libel and science.
I would like to say Hello to Dr Lewith and thank him for taking the time to respond to my article.
But rather than trouble the print edition of this very fine magazine with an author's response to his letter, I thought I would set out my response here.
First Dr Lewith correctly asserts that I suggest "that there is an increasing trend towards complementary and alternative medicine (CAM) practitioners threatening libel action against those who criticise them."
However, Dr Lewith is "unaware of anybody prior to the chiropractors he describes taking this course of action in the UK."
This is a very strange statement indeed.
APGaylard in his wonderful blog A canna' change the laws of physics rightly takes Dr Lewith to task on this and mentions a range of other threatened and actual cases, including the Rath v Goldacre case I actually mention in the article.
One can also add the threats by Ms Gillian McKeith and also Jeremy Sherr, the homeopath culpably promoting his treatments in Africa for AIDS victims.
Perhaps Dr Lewith was seeking to distinguish between threatening and taking legal action (in which case, the Rath and McKeith cases offer immediate refuting counter-examples).
It certainly is odd that he writes to the New Scientist with such an untenable and easily-disprovable position.
Dr Lewith then continues:
"Furthermore, as a medically qualified researcher of CAM, I have experienced two prominent members of the "anti-CAM brigade" attempting to take legal action against me, which I had to defend."
Any legal action taken instead of simply showing the relevant evidence is to be deplored.
If Dr Lewith can provide details showing such an inappropriate use of legal threats, I can tell him this Blog will be on his side.
In the meantime, I certainly recommend that Dr Leiwth joins the Sense About Science campaign to take libel law out of science.
And then finally:
"It should be noted that the article you published on this matter is from a prominent member of the anti-CAM brigade."
Gosh!
But I think this is incorrect.
Not that there is any shame being a member of such a "brigade". If so, I would want to be Captain Jack serving below Brigadier Ernst, Colonels Colquhoun and Goldacre, and Majors Noir, Aust, and Gimpy.
However, I am not especially anti-CAM (and nor may be some of the aforementioned).
I don't think I have ever written about CAM outside of the context of the use and misuse of law.
I also have no particular interest in reporting CAM practitioners to the ASA, Trading Standards, or to regulatory bodies.
And of the many areas of CAM where practitioners have not been sufficiently defensive, silly or aggressive to bring legal action against critics, I hold no strong opinion and probably little knowledge.
This is because I am actually a legal blogger and not a Bad Science blogger. If the British Chiropractic Association had never brought their spectacularly misconceived libel claim, I probably would never have even heard of them, still less hold them to such close ongoing scrutiny.
Indeed, before the BCA brought their case, my interest in the relationship between skepticism and the law was really more to do with topics such as fraudulent mediumship and blasphemy.
I am instead a proud member of the anti-abuse of libel brigade, and not the anti-CAM brigade.
And that is a brigade which, thanks to Simon Singh and the fantastic Sense About Science campaign, is growing rapidly and will - I hope - ultimately prevail.
Sunday, 7 June 2009
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8 comment(s):
Hops up and down on one foot with hand in the air
"please sir can I be a (not so) little drummer girl in your anti-CAM Brigade - please Sir!!"
This isn't really closely related to this post, but something that made me curious. I was following a discussion on Stephen Curry's blog you were involved in where you took pains to point out that "English" libel law was to blame. What is the status of Scottish libel law - is it any more reasonable, or would it serve as a likely new refuge for the more frivolous breed of libel claimant if English law were to be changed?
Dumpy middle-aged maid with steely glance and big drum, dourly:
"Hush, little girl! This vacancy is occupied and you will receive it only if enemies kill me!"
:) :D
I'm not sure about this military terminology or that it's productive to frame scientific enquiry in terms of mortal combat. Truth is too easily lost when science becomes about taking sides or declaring winners and losers. It's all so macho.
This is no slight on Jack of Kent and as battle lines have been drawn by the Army of Darkness, he is an excellent military analyst.
Not sure about calling yourself Captain Jack though unless you're a Torchwood fan.
If you are to be "Captain Jack" then I must insist on being called by my hard-earned title, "Doctor" - just "the Doctor" is fine. I don't want to join any brigades, but will be happy to be an advisor to any Brigadier who needs one.
Ah yes, I had some fun with my old friend George Lewith on More 4 News last week. The video is here, with a few comments on his curious interpretation of evidence.
Perhaps there is some confusion in George's mind between legal action that involves defamation suits (enormously expensive and used largely by very rich crooks to conceal their actions) and the ordinary law of the land embodied in Trading Standards law, the Cancer Act and Advertising Standards. I hope he isn't arguing that these laws should not apply to CAM in the same way they apply to anybody else. In fact they are already biassed in favour of CAM. If you sold strawberry jam that contained no trace of strawberry, Trading Standards would be on you like a ton of bricks, But if you sell Arnica 30C that contains not a trace of Arnica, you have some curious legal loophole that keeps you out of jail. Odd, isn't it?
Don't know if you noticed, but after reading Adrian Gaylard's "Alternative Memory" post I briefly discussed George Lewith's rather, er, uncharitable (not to mention inaccurate) characterization of you in a comment following my post on the BCA's latest (and rather nervous) press statement.
Though I happily plead to membership, I'm not sure what rank I should be accorded in the "anti-CAM brigade", given my near-legendary failure ever to get promoted in two decades in my current job..! Somehow I think that is more of a pedigree for a cynical old NCO than for an officer.
You SHOULD write a reply in the New Scientist. I'm pretty sure most of its readers don't read this blog (their loss!).
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