The claimant alleged defamation in the words ‘The British Chiropractic Association claims that their members can help treat children with colic, sleeping and feeding problems, frequent ear infections, asthma and prolonged crying, even though there is not a jot of evidence. This organisation is the respectable face of the chiropractic profession and yet it happily promotes bogus treatments.’ The defendant said that his words were comment and that the defence of fair comment was available to him.
Held: The words complained of accused the claimant of promoting treatments which it knew to be bogus. That accusation was an assertion of fact, not comment.
Eady J said: ‘What the article conveys is that the BCA itself makes claims to the public as to the efficacy of chiropractic treatment for certain ailments even though there is not a jot of evidence to support those claims. That in itself would be an irresponsible way to behave and it is an allegation that is plainly defamatory of anyone identifiable as the culprit. In this case these claims are expressly attributed to the claimant. It goes further. It is said that despite its outward appearance of respectability, it is happy to promote bogus treatments. Everyone knows what bogus treatments are. They are not merely treatments which have proved less effective than they were at first thought to be, or which have been shown by the subsequent acquisition of more detailed scientific knowledge to be ineffective. Bogus treatments equate to quack remedies; that is to say they are dishonestly presented to a trusting and, in some respects perhaps, vulnerable public as having proven efficacy in the treatment of certain conditions or illnesses, when it is known that there is nothing to support such claims.
It is alleged that the claimant promotes the bogus treatments ‘happily’. What that means is not that they do it naively or innocently believing in their efficacy, but rather that they are quite content and, so to speak, with their eyes open to present what are known to be bogus treatments as useful and effective. That is in my judgment the plainest allegation of dishonesty and indeed it accuses them of thoroughly disreputable conduct.’
Judges:
Eady J
Citations:
[2009] EWHC 1101 QB, [2009] EWHC 1101 (QB)
Links:
Jurisdiction:
England and Wales
Cited by:
Appeal from – British Chiropractic Association v Dr Simon Singh CA 1-Apr-2010
The defendant appealed against a ruling that the words in an article – ‘This organisation is the respectable face of the chiropractic profession and yet it happily promotes bogus treatments’ – were statements of fact, and were not comment.
Appeal from – British Chiropractic Association v Singh CA 14-Oct-2009
The court heard a renewed application for leave to appeal against preliminary ruling in a cse of defamation brought by the Association against an author.
Held: Granted . .
Lists of cited by and citing cases may be incomplete.
Defamation
Updated: 17 July 2022; Ref: scu.406672