Before we return to science, one last note. Those of you who have been following the intellectual gyrations of New Scientist are probably aware that they pulled a piece by Amanda Geftner from the online magazine. (I put the piece below, which was thoughtfully archived by Tony Sidaway at Lambda Delta.) I wrote to New Scientist’s editor, Roger Highfield, asking why. Here is his response:
Subject: RE: Amanda Gefter’s piece
Date: Mon, 16 Mar 2009 14:05:39 -0000
Thread-Topic: Amanda Gefter’s pieceNew Scientist has received a legal complaint about the contents of this
story. At the advice of our lawyer it has temporarily been removed while
we investigate. All the best, Roger
Reading the piece, I find it straightforward, hard-hitting, and truthful, but don’t see anything that is grounds for legal complaint. But judge for yourself by reading it on Tony’s blog.
Even in America’s litigious society, I can see not a single phrase that could prompt a legal “complaint.” What gives?
Americans may have a deserved reputation for quickness to resort to litigation, but the UK has much stronger defamation laws and free speech doesn’t have the kind of strong protection that the US first amendment and its associated laws provide. Editors are usually quick to remove potentially damaging statements simply because the law expects them to do so. If a case subsequently went to trial then their failure to act promptly would amount to compounding the original offence and would attract greater damages.
As I’ve suggested elsewhere, I suspect that one of the two people mentioned in the piece objected to being lumped in with creationists and the like.
What gives here is that the libel laws in Great Britain are entirely different then in the US. I don’t want to play lawyer here but, generally speaking, in the US, truth is an absolute defense against libel. Not so in Great Britain.
The only thing I could see that might be close to actionable is that the piece does call Denyse O’Leary does call “silly” and a “creationist.” Some one might take offense to that, if he or she were thin-skinned.
O’Leary denies complaining … for what that’s worth.
http://www.uncommondescent.com/intelligent-design/new-scientist-pulls-post-for-legal-reasons/
As has been said, British libel laws are notoriously biased towards to the complainant.
http://blog.newhumanist.org.uk/2009/03/so-why-did-new-scientist-pull-that.html