In article , Arny
Krueger


What neither of you grasp is the concept of a falsifiable claim.

Alas, that is also the case with UK courts. There has been a recent case
where Simon Singh (a science writer) wrote that some claims for types of
'alternative medicine' sic were 'bogus' on the scientific basis that
assessing the experimental trials for relevance, reliability, etc, showed
their results didn't support the claims.

A UK judge decided this was a libel. Apparently on the basis that the judge
required Singh to prove that the practitioners *knew* that their claims
were false. This is essentially impossible to do if they insist they
believe what they assert. Virtually impossible to falsify the assertion
when someone says they *do* believe something, no matter how daft the
asserted belief. And of course irrelevant if your real concern is that the
belief in question may be worthless, or dangerous, or money-grabbing
nonsense.

The Judge apparently ignored the normal scientific basis of dealing with
the evidence for/against the actual claim. Seems this is irrelevant so far
as his reading of UK law is concerned. Disregarding the fact that the
claims were being made on the basis of assertions of 'science', but that
the actual science apparently didn't support them.

The Judge also apparently refused leave to appeal. Wonder if he was
assuming that would mean someone else would have to 'prove he knew he was
making an error' as well... :-)

No wonder that the UK libel laws are regarded in the US and elsewhere as a
shambles. As a result, other people in the UK are now said to be wary of
commenting on quack or delusional claims in case they are taken to court
for daring to point out twaddle. Particularly in cases where the claims are
being made by groups and individuals who make their income on the back of
the claims.

Slainte,

Jim

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