On 19 April 2008,
The Guardian published Singh's column
"Beware the spinal trap", an article that was critical of the practice of chiropractic and which resulted in Singh being sued for libel by the British Chiropractic Association. When the case was first brought against him,
The Guardian supported him and funded his legal advice, as well as offering to pay the BCA's legal costs in an out-of-court settlement if Singh chose to settle.
The article developed the theme of the then recently published book by Singh and Edzard Ernst,
Trick or Treatment? Alternative Medicine on Trial, and made various statements about the usefulness of chiropractic "for such problems as ear infections and infant colic":
You might think that modern chiropractors restrict themselves to treating back problems, but in fact they still possess some quite wacky ideas. The fundamentalists argue that they can cure anything. And even the more moderate chiropractors have ideas above their station. 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.
On Thursday 7 May 2009, a preliminary hearing took place at the Royal Courts of Justice in front of Mr Justice Eady. The judge held that merely using the phrase "happily promotes bogus treatments" meant that he was stating, as a matter of fact, that the British Chiropractic Association was being consciously dishonest in promoting chiropractic for treating the children's ailments in question. Singh denied he intended any such meaning and stated that such an interpretation made it very difficult for him to fight his case in court as he had planned: "If we go to trial it's almost impossible for me to defend the article, because it's something I never meant in the first place."
Singh's campaign team announced via its Facebook group on 4 June 2009 that Singh had resolved to make an appeal against Mr Justice Eady's ruling. This decision raised substantially the potential financial liability that Singh might face personally if he had lost the case.
On 14 October 2009 Singh was granted leave to appeal Mr Justice Eady's decision by Lord Justice Laws. Singh responded to the judgement that it was the "best possible result" but warned that he would try not to get his hopes up: "We have only won leave to appeal. Now we must convince the Court of Appeal on the issue of meaning. There is a long battle ahead." The pre-trial hearing took place on 23 February 2010 at the Royal Courts of Justice. The three judges were the Lord Chief Justice Lord Judge, the Master of the Rolls Lord Neuberger and Lord Justice Sedley, three of the most senior judges in the UK. On 1 April 2010, they allowed Singh's appeal, ruling that the high court judge had "erred in his approach".
Before the ruling, commentators had suggested that Eady's ruling could set a precedent to restrict freedom of speech to criticise alternative medicine. An editorial in
Nature commented on the case, and suggested that the BCA may be trying to suppress debate and that this use of English libel law is a burden on the right to freedom of expression, which is protected by the European Convention on Human Rights.
The Wall Street Journal Europe cited the case as an example of how British libel law "chills free speech", commenting that:
As a consequence, the U.S. Congress is considering a bill that would make British libel judgments unenforceable in the U.S. ... Mr. Singh is unlikely to be the last victim of Britain's libel laws. Settling scientific and political disputes through lawsuits, though, runs counter the very principles that have made Western progress possible. "The aim of science is not to open the door to infinite wisdom, but to set a limit to infinite error," Bertolt Brecht wrote in The Life of Galileo. It is time British politicians restrain the law so that wisdom prevails in the land, and not errors."
charity Sense About Science launched a campaign to draw attention to the case. They issued a statement entitled "The English law of libel has no place in scientific disputes about evidence", which has been signed by myriad individuals representing science, journalism, publishing, arts, humanities, entertainment, sceptics, campaign groups and law. As of 29 November 2009, over 20,000 had signed. Many press sources have covered the issue.
The publicity produced by the libel action has led to a "furious backlash", with formal complaints of false advertising being made against more than 500 individual chiropractors within one 24 hour period, with the number later climbing to one quarter of all British chiropractors. It also prompted the McTimoney Chiropractic Association to write in a leaked message to its members advising them to remove leaflets that make claims about whiplash and colic from their practice, to be wary of new patients and telephone inquiries, and telling their members: "If you have a website, take it down NOW." and "Finally, we strongly suggest you do NOT discuss this with others, especially patients." One chiropractor is quoted as saying that "Suing Simon was worse than any Streisand effect and chiropractors know it and can do nothing about it."
After demands that the British Chiropractic Association "engage in scientific debate over its position", the BCA produced its scientific evidence in a statement "supported by just 29 citations", which was:
- "ripped apart by bloggers within 24 hours of publication, before being subjected to a further shredding in the British Medical Journal. It emerged that 10 of the papers cited had nothing to do with chiropractic treatment, and several weren't even studies. The remainder consisted of a small collection of poor-quality trials. More seriously, the BCA misled the public with a misrepresentation of one paper, a Cochrane review looking at the effectiveness of various treatments for bed-wetting..."
In a new report, the General Chiropractic Council "has disowned the claims of the BCA — the same claims that lie at the centre of its libel action against Simon Singh.... Notably, the report concludes that the evidence does not support claims that chiropractic treatment is effective for childhood colic, bed-wetting, ear infections or asthma, the very claims that Singh was sued for describing as "bogus".
On 1 April 2010, Singh won his appeal over the meaning of his comments. The BCA had included in their case the assertion that by saying that it "happily promotes bogus treatments", Singh had accused the BCA of knowingly acting in a dishonest manner. The Court of Appeal overturned the previous ruling that his comments were an assertion of fact and instead ruled that they were fair comment. Singh can now use the "fair comment" clause to defend himself.
The full text of the 1 April 2010 judgement included the following statement:
- 23: The present case is not in this class: the material words, however one represents or paraphrases their meaning, are in our judgment expressions of opinion. The opinion may be mistaken, but to allow the party which has been denounced on the basis of it to compel its author to prove in court what he has asserted by way of argument is to invite the court to become an Orwellian ministry of truth. Milton, recalling in the Areopagitica his visit to Italy in 1638-9, wrote:
- : "I have sat among their learned men, for that honour I had, and been counted happy to be born in such a place of philosophic freedom, as they supposed England was, while themselves did nothing but bemoan the servile condition into which learning among them was brought; .... that nothing had been there written now these many years but flattery and fustian. There it was that I found and visited the famous Galileo, grown old a prisoner of the Inquisition, for thinking in astronomy otherwise than the Franciscan and Dominican licensers thought."
- That is a pass to which we ought not to come again.
On 15 April it was announced that the BCA had withdrawn their libel action.