[BPSDB]There seems not to have been much comment on the press statement by the British Chiropractic Association on 7 May about the libel case against Simon Singh. This appears to be highly misleading. It reads in part:
In April 2008 Simon Singh published an article in the Guardian newspaper and on Guardian Online in the course of which he wrote that:
“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 BCA asked Dr Singh to retract his allegations because they are factually wrong, defamatory and damaging to the BCA’s reputation. Dr Singh refused to do so.
In July 2008, the BCA issued libel proceedings against Dr Singh. He defended his position and the case has been continuing.
At a hearing on 7 May 2009 in the Royal Courts of Justice before Mr Justice Eady, Dr Singh’s submissions that what he published was not defamatory and that it was fair comment were roundly rejected by the Judge. Mr Justice Eady held:
1. that what Dr Singh had published was defamatory of the BCA in exactly the way the BCA had claimed; and
2. that Dr Singh’s allegations were not comment but were serious defamatory allegations of fact against the BCA.
Dr Singh’s application for permission to appeal to the Court of Appeal was refused by the Judge. Dr Singh has indicated, however, that he proposes to challenge that decision at the Court of Appeal and he now has three weeks to lodge that challenge.
Mr Justice Eady ordered Dr Singh to pay the BCA’s costs of the hearing within 28 days.
After the hearing BCA President Dr Tony Metcalfe said, “The BCA brought this claim to preserve its integrity and reputation. I’m delighted that the Judge has vindicated the BCA’s position.”
The trial will conclude later this year.
In actual fact, the trial has not taken place, so the BCA has not been in the slightest degree “vindicated”. All the judge has done is issued a perverse ruling on the meaning to be placed on Dr Singh’s words, so that in order to win the case he has to prove something that he apparently did not mean in the first place. It also means that the case no longer has any bearing on the real scientific issue, which is whether the evidence that these treatments are effective exists.
However, the BCA seems to have quietly and implicitly conceded that what Dr Singh wrote is true, as they have removed the offending document (checked on 19 May 2009), with the claims that Dr Singh complained of, from their web site. It remains true so far that the BCA has not produced “a jot of evidence” for this claim, and from the fact that they went to law rather than produce the evidence leads me to conclude that the evidence does not exist. I think it is also a reasonable inference that if the BCA makes the claims in future without producing the evidence, then it is doing so in the knowledge that the evidence does not exist.
I have looked through the publicly-accessible part of the BCA web site, to the greatest extent I could, and it does not appear to repeat the claims elsewhere. As regards children, the material on the web site consists of claims so vague that they would be difficult to challenge (as in a video on pregnancy and children), general good advice on posture and activity, and scare statistics on back pain. In fact, if you looked through those specific materials, you would find it difficult, if not impossible, to know exactly what a chiropractor does, except that they claim to have some sort of knowledge of the causes of back pain.
As it’s hidden behind a log-in, I have no way of knowing what information the BCA has passed on to its members. If it has told them the same as in the press statement, then it is misleading its members. It should at least make it clear to them that it cannot support the claim that it originally made about treating childhood ailments.
I have been looking at a few chiropractors, selected because they are local to me. One of them makes very serious claims on her web site about the effectiveness of chiropractic in the treatment of specific conditions, including some referred to by Dr Singh. I have contacted the practice, and am waiting for someone to get back to me. Otherwise, the general impression that I get of the public front of chiropractic is vagueness. I hope to post more on this later.