Quotulatiousness

September 22, 2009

Over-broad laws can be useful to silence critics

Filed under: Britain, Law — Tags: , — Nicholas @ 09:13

Richard Dawkins contrasts the scientific way of resolving disputes with the British libel laws:

It is a lamentable observation that because of the way our laws are skewed toward the plaintiff, London has become the libel capital of the world. Litigants are coming to England from another country to sue people who live in a third country over a book that was published in a fourth country – the excuse being that a handful of books were sold here too. A nice little round-the-world jaunt for lawyers it may be, but sensible or liberal it is not. Nor is it just.

Of course there must be redress if you are maliciously attacked in a way that damages you. But if such a law is cast too wide it has disastrous consequences on the public interest, not least in the area of science and medicine where the stakes are high, profits and reputations are guarded jealously, and the vulnerable need to be protected from unproven or fraudulent claims for cures, whether by “alternative” therapists or big pharmaceuticals.

H/T to Chris Taylor Chris Myrick for the link.

September 4, 2009

How many blog checkmarks would you need?

Filed under: Books, Media — Tags: , — Nicholas @ 12:38

Jacob Sullum looks at the quaint, old-fashioned notion of internal fact-checking:

When I was a “reporter-researcher” at Fortune during college, the Time Inc. policy was that one verification by book was worth two verifications by newspaper. If I’m remembering the color scheme correctly, the former was a “red check,” which was good enough on its own, whereas the latter was a “black check,” acceptable only in pairs. I may have the colors reversed, but the point is that we all assumed books were more reliable than newspapers (or other periodicals). That was a mistake, I think. While some books categorized as nonfiction, such as reference works and peer-reviewed releases from academic presses, go through some sort of fact checking, the vast majority do not. (They are generally reviewed by lawyers with an eye toward possible libel issues, but you can get lots of things wrong without risking a lawsuit.) In fact, judging from the finished products, I’d say most books are barely edited, let alone checked for accuracy. By contrast, newspaper stories typically are reviewed by two or three editors before they see print. It’s true that books take longer to produce, which gives a conscientious author more time to catch mistakes. Then again, they are a lot longer than newspaper stories, so there is more room for error.

So, how many checkmarks (of a murky shade of orange) would be required for blog references? Can any blogger count that high?

August 28, 2009

Chilling the news, Toronto style

Filed under: Bureaucracy, Government, Law — Tags: , , — Nicholas @ 07:45

Matt Gurney risks being sued by taking a stand against Toronto city government’s latest brain fart:

Setting aside the oddity of Toronto’s politicians suing their cheerleaders at the Star, there are serious issues at play here. Despite having recently voted down a proposal that would have let city councillors sue citizens on the taxpayers’ dime, it is still permissible for the city to fund lawsuits approved by various officials at city hall. What could be more chilling to free speech than a thin-skinned politician or bureaucrat with a taxpayer-financed legal team? Remember, folks — even asking reasonable, fair, and completely valid questions might bankrupt you, if you can’t afford to pay for your defence.

Beyond that issue is a more philosophical one. When does criticism of a government program become an attack on those running it? Depending on how broad an interpretation the courts choose to settle upon, opinion journalism and political reporting in this country could grind to a halt. Is a criticism of Ottawa’s handling of the isotope shortage an attack on the bureaucrats involved? Imagine a reporter discovering that a department was blowing millions or billions of dollars on a program with almost no practical benefit (Think long-gun registry). Would that reporter dare report it, and risk a ruinous lawsuit filed by the people running the program? Where does political commentary end and defamation begin? I don’t know, but the Toronto city government seems determined to find out.

These worrisome legal and philosophical issues might pale in comparison to the sheer logistics of such a regime. If the Toronto government, or any other, can go after anyone who criticizes it, how long until there is an entire cadre of bureaucrats whose job it is to seek out and bankrupt critics? It might sound paranoid, but remember this is government we’re talking about.

H/T to Elizabeth for the link.

August 26, 2009

Print media’s problems

Filed under: Cancon, Education, Media — Tags: — Nicholas @ 08:04

Colby Cosh has concerns about the direction in which the newspapers have been moving:

Some days I think print media should die even if I would too

Our business would have a lot more credibility if we spent less time giving each other awards and concentrated on handing out boobie prizes for uncritical, gormless stuff like the St. Albert Gazette‘s breathlessly excited coverage of a new local math curriculum for primary schools that “covers far fewer concepts.” As I get older I grow more cowardly about making enemies in a rapidly contracting business, plus I’m taking the piss from a somewhat higher summit than I used to; but seriously, how do some people sleep at night?

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