BRITISH MEDICAL JOURNAL

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5 APRIL 1975

NEWS AND NOTES MEDICOLEGAL Defamation and Medical Journals FROM OUR LEGAL CORRESPONDENT

Tucked away among the many recommendations of the Faulks Committee' dealing with ithe law of defamation is one that is clearly the by-product of the marathon action2 brought by Mr. S. L. Drummond-Jackson against the B.M.Y. The committee suggests that there should be a new statutory qualified privilege for articles in genuine technical or scientific journals. "Doctors," they comment, "should be allowed to write with reasonable freedom in imedical journals without having to worry too much over the possibility of a libel action." In this respect the commiuttee makes a distinction between such journals and ordinary newspapers. They rejected the argument advanced 'by Yustice that newspapers should be privileged if the matter th;at they dealt with was of public interest, if the facts they stated they ibelieved to be true, and if they exercised all reasonable care in relation to those facts. That would have been not unlike 'the law prevailing in the United States, but the committee thought that it would seriously alter the balance of the law against the defamed plaintiff in a way" which was "intrinsically undesirable." The report's suggestions about statutory privilege reflect what was said in his dissenting judgement' by Lord Denning when the B.M.7. moved to strike out Mr. Drummond-Jackson's action at a pretrial stage on the grounds that he comnplained of could never be said to be defamatory of him, as opposed to his technique. The application failed, though Lord Denning would have allowed it. In memorable words he argued that the defendants slhould not ibe plagued with a libel action. "It would be a sorry day," he thought, "if scientists were to be

deterred from publishing their findings for fear of libel actions. So long as they refrain from personal attacks, they fshould be free to criticize the systems and techniques of others. It is in the interests of truth itself. Were it otherwise, no scientific journal would be safe." Whatever their sympathies for the B.M.$.'s plight fe-w lawyers (if any) accepted that Lord Denning had truly stated the legal position. Few expected, either, that the trial judge would have ruled that publication of the article was privileged 'because the B.M.7. circulated almost entirely among the medical profession who had a legitimate interest in reading about the methohexitone technique. It would have been harmful to that part of the journal's argument that circulation was not confined to members of the B.M.A. but that members of the public could also purchase it.5 Importance of Malice

However desirable the change in the law suggested by Mr. Justice Faulks, it means the placing of a premium on the public interest in having forthright articles on medical matters at the possible expense of an individual whose technique and skills are falsely attacked. If the contents of publications like the B.M.J. are to be made privileged, then only by proof of malice on the part of the authors or publishers will the plaintiff succeed. But malice, while it may be hard to prove, is easy to allege. Mr. Drunmmond-Jackson, for example, was not afraid to claim that the defendants had deliberately departed from his technique in order to try to establish it was dangerous.

On the 35th day of the trial the plaintiff was to withdraw this allegation, but having made it he was entitled to his day in court. The proposed change will not therefore make journals wholly immune from libel actions. On the other hand, they will be entitled to the verdict unless the plaintiff shows that they took improper advantage of the occasion giving rise to the qualified privilege by making statements they did not believe to be true or for the purpose of venting their ill will towards the plaintiff.6 The Faulks Comrmittee has suggested legislation whereby journals wishing to take advantage of the privilege should have to register with and be approved by an appropriate Government department. In this way journals only pretending to be technical or scientific will be stopped from enjoying the privilege. Presumably the department's decision whether to approve a journal will be administrative rather than judicial, and in that event there would be no appeal if registration were refused. If Parliament can find the time to debate and then legislate aocording to the committee's proposals, it will be interesting to see what criteria for the grant of approval are laid down. The report makes no suggestions. I

Report of the Committee on Defamation. London,

H.M.S.O., 1975, Cmnd. 5909, para. 232. British Medical Yournal, 1972, 4, 254. :3 Republication in the lay press of the substance of articles appearing in the scientific press would not be privileged. Mr. Drummond-Jack,on also sued the Daily Sketch, the B.B.C. and the Birmingham Post and Mail for allegations that were based on the B.M.7. article. 4 (1970) 1 W.L.R. at page 695C; British Medical 7ournal, 1970, 1, 509 5 British Medical Yournal, 1972, 4, 373. 6 Report of the Committee on Defamation. London. H.M.S.O., 1975, Cmnd. 5909, para. 239. 2

MEDICAL NEWS Approvals under the Abortion Act Private nursing homes seeking reapproval under the Abortion Act are being asked whetiher they tell patients in advance what the total cost of their treatment will be, including doctors' fees. In answer to a Parliamentary Question on 25 March Dr. David Owen said that five nursing homes which gave that information to women and whose fees were considered reasonable by the Secretary of State had had their approval extended to 31 December. Twenty homes do not at present give such information, and their approval has been agreed for a threemanth period only. Consultations were being started with the medical profession, said

Dr. Owen, on this and other aspects of the increases to N.H.S. staff) and a 6% increase in the oDntribution from this source towards private sector of abortion. N.H.S. improvements and capital expenditure. New Charges for Private Beds

Charges paid by private patients in N.H.S. hospitals have been increased by 50% from 1 April 1975. These charges, which are revised annually, now amount to £37.10 a day in a London teaching hospital and £24.70 in a general hospital. The charges do not include the fees charged by the consultant treating the patient. Last week the Departnent of Health attributed the rise in charges to a 43 % increase in costs (largely the result of pay

Imperial Cancer Research Fund

The effect of inflation led to a 24 % increase in research expenditure in 12 months, says the annual report of the Imperial Cancer Research Fund. Income had risen in the same period by only 7%, and the excess of expenditure over income was over £600,000. Should that situation continue in the next two or three years research programmes would have to be cut, so the Fund is in-

BRITISH MEDICAL JOURNAL

5 APRIL 1975

tensifying efforts to raise further money. The scientific section of the report includes details of closer links between the cell biologists and clinicians studying breast cancer and of trials in progress of chemotherapy as an adjunct to surgical removal of breast tumours. The Medical Oncology Unit at St. Bartholomew's Hospital is continuing its work on leukaemias and Hodgkin's disease, while longer-term research continues at the Tumour Immunology Unit and tihe Mill Hill laboratories. Research expenditure during the year ended September 1974 amounted to £51 million, 95% of the total received from the public and from investment income.

Classification of Leprosy A set of transparencies showing clinical and hiistological features of leprosy has been prepared by Drs. W. H. Jopling and D. S. Ridley on behalf of LEPRA. Tihe set of 10 clinical and 14 histological transparencies, accompanied by legends and information, is offered for teaohing purposes (price £2). Further details from the Director, LEPRA, Fairfax House, Causton Road, Coldhester.

Transparencies of Path Specimens The publishers of Gross Pathology: A Colour Atlas (1 February, p. 277) would be able to provide many of the illustrations in that volume as transparencies if the demand is sufficient. Further information from Patrick West, editor, HM + M Publishers Ltd., Milton Road, Aylesbury, Bucks HP21 7TH. Tel. 0296 5781.

Eye Protection Legal provision for the protection of eyes of some factory workers and other people will be extended from 10 April by the Protection of Eyes Regulations 1974 (S.I. 1681) and the Protection of Eyes (Amendment) Regulations 1975 (S.I. 303). These regulations bring in a numiber of occupations not previously covered.

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Sussex University, has been awarded a Royal Thursday, 10 April Society research professorship in the School ROYAL COLLEGE OF SURGEONS OF ENGLAND.-5 p.m., Arris and Gale lecture by Mr. I. A. Donovan: of Molecular Science, Sussex University, Different Components of Gastric Emptying. ROYAL

SOCIETY

OF

TROPICAL

MEDICINE

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HYGIENE.-6.30 p.m., Professor H. S. Smith: ExDr. R. Whitehead, consultant pathologist, cavations at Saqqara and the role of Animal Cults Radcliffe Infirnnary, Oxford, has been apin Egyptian Healing pointed to the foundation chair of paithology Friday, 11 April at Flinders University Medical School, INSTITUTE OF LARYNGOLOGY AND OTOLOGY.-5.30 South Australia. p.m., Mr. A. W. Morrison: Diagnosis and Treatment of Acoustic Neuroma.

COMING EVENTS St. John's Hospital, Lincoln.-Day conference on "Psychiatry," 13 April. Details from Dr. J. Harding Price, at the hospital, London Road, Lincoln LN4 2HN. (Tel. 0522 27401.) "Concepts for Health Care Data."-Multidisciplinary seminar, 23 April, City University, London, E.C. Fee £5 (including lunch). Details from R. P. Barrowman, South-west Surrey District Health Office, Lawn Road, Guildford, Surrey. (Tel. Guildford 34533.) "Care of the Disabled."-Day multidisciplinary seminar, 9 May, Royal Hospital and Home for Incurables, West Hill, Putney, London SW15 3SW, Mr. Alfred Morris, Under Secretary of State for the Disabled, will open the proceedings. Admission free but application must be made to Air Commodore D. F. Rixon, at the hospital. (Tel. 01-788 4511.) "Pathophysiology of Pregnancy and Labour.;A -Day meeting, 10 May, Faculty of Anaesthetists, Royal College of Surgeons of England. Fee £1. Details from the secretary of the faculty, R.C.S. 35-43 Lincoln's Inn Fields, London WC2A 3PN. (Tel. 01-405 3474.) International Symposium on Intensive Therapy.-30 May-2 June, Rome, organized by Society for Critical Care Medicine. Details from the symposium secretariat, New Media, Via Giovanni Battista Martini 6, 00198 Rome, Italy. Symposium on Brucellosis.-2-4 June, Rabat, Morocco, organized by the International Association of Microbiological Societies. Details from Dr. C. Merieux, the symposium secretariat, 17 rue Bourgelat, 69002-Lyon, France. Swiss Society of Internal Medicine.-Annual meeting, 5-7 June, Lugano, jointly with the Swiss Societies of Haematology, Cardiology, and Nephrology. Details from Dr. F. Nager, Department of Medicine, Cantonal Hospital, 6004 Lucerne, Switzerland. 6th International Congress of Nephrology.8-12 June, Florence. Details from the Institute of Urology, Florence University, Viale Pieraccini 18, 50139 Florence, Italy. European Society for Dermatological Research.-Meeting, 9-13 June, Amsterdam, jointly with Society for Investigative Dermatology. Details from Dr. Ch. M. Lapiere, Department of Dermatology, H6pital de Baviere, B-4000 Liege, Belgium.

UNIVERSITIES AND COLLEGES DUNDEE At a ceremony on 18 July the honorary degree of master of medical science (M.M.Sc.) will be conferred on Mr. Douglas Fraser, N.H.S. senior chief technician, department of pathology, Ninewells

Hospital. NATIONAL UNIVERSITY OF IRELAND M.D.-P. A. O'Connor (recommended). M.CH.-D. J. Bouchier-Hayes, P. J. Farrell, N. J. O'Higgins (all recommended)

APPOINTMENTS NORTH-EAST THAMES R.H.A.-Dr. H. Caplan (consultant, geriatrics). WEssEx R.H.A.-The following consultants have been appointed: Dr. J. J. Cogswell (paediatrics); Dr. I. C. Harvey (radiology); Mr. A. White (e.n.t. surgery.)

H.M. FORCES Major-General W. O'Brien, late R.A.M.C., has been appointed Honorary Physician to the Queen. ROYAL NAVY Surgeon Captain (Surgeon Commodore) J. S. P. Rawlins to be Surgeon Rear-Admiral. RQYAL AIR FORCE Appointments-Wing Commander J. A. C. Balfour (consultant in pathology, I.P.T.M., R.A.F. Halton); Wing Commander W. R. H. Downey (senior specialist in medicine, P.M. R.A.F. Hospital Halton); Wing Commander D. H. MacLeod (senior medical officer, R.A.F. Gan).

Correction Thrombolytic Therapy in Haemolyticuraemic Syndrome We regret that a printing error occurred in the letter from Dr. E. Ekert (30 November 1974, p. 534). The first paragraph should read: "Some of the statements made by Dr. J. Stuart and others in their article on thrombolytic therapy in the haemolytic-uraemic syndrome (27 July, p. 217) require challenge. Undeniably there have been no controlled studies of heparin treatment versus SOCIETIES AND LECTURES supportive treatment, but a review of the available literature strongly suggests that in most published For attending lectures marked I a fee is charged series heparin has been of value in the treatment of or a ticket is required. Applications should be the haemolytic-uraemic syndrome." made first to the institution concerned.

Society of Hyperbaric Medicine Doctors interested in hyperbaric oxygen therapy are invited to join the newly formed Society of Hyperbaric Medicine, whose president is Mr. Charles Drew. Furither details are available from Dr. W. K. Slack at Whipps Cross Hospital, Leytonstone, London Ell 1NR. Monday, 7 April

Royal College of Psychiatrists Profesor W. Linford Rees ihas been elected next President of the Royal College of Psychiatrists, to take office in July 1975.

BLAIR BELL RESEARCH SOCIETY.-At Royal College of Obstetricians and Gynaecologists, 5 p.m., Duphon Lecture by Dr. Geoffrey Dawes, F.R.S.: The Interpretation of Fetal Cardio-Respiratory

Phenomena. INSTITUTE OF LARYNGOLOGY AND OTOLOGY-5.30 p.m., Mr. R. Pracy: Laryngeal Disease in Children."

Tuesday, 8 April KING'S

COLLEGE

HOSPITAL

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SCHOOL.-

4.15 p.m., Wiltshire memorial lecture by Professor People in the News D. J. Weatherall: Molecular Pathology in ainical Medicine-the Haemoglobin Story. Dr. Peter Davy has been awarded its silver ROYAL ARMY MEDICAL COLLEGE.-S p.m., Dr. B. Strickland: Unusual Radiological Aspects of medal by the Royal National Life-boat In- Malignant Disease of the Lungs. stitution in recognition of his courage and dedication to duty in attending to injured Wednesday, 9 April seamen despite having himself fractured LONDON UNIVERSITY.-At King's College Hospital Medical School, 5 p.m., Professor F. C. Goetz seven ribs. (Minnesota): Transplantation of Human Endo-

Notice to Authors When original articles and letters for publication are not submitted exclusively to the British Medical journal this must be stated. Correspondence on editorial business should be addressed to the Editor, British Medical Journal, B.M.A. House, Tavistock Square, London WC1H 9JR. Telephone: 01-387 4499. Telegrams: Aitiology, London, W.C.l. Authors wanting reprints of their articles should notify the Publishing Manager, B.M.A. House, Tavistock Square, WC1H 9JR, on receipt of proofs.

C British Medical Journal 1975 All Rights Reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, crine Pancreas. electronic, mechanical, photocopying, recording OF OF SURGEONS ENGLAND.-S ROYAL COLLEGE of Shell without the prior permission of Professor J. W. Cornfortih, FR.S., p.m., Hunterian lecture by Professor E. Hoffman: or otherwise, Research Ltd., and visiting professor at Mortality and Morbidity following Road Accidents. the British Medical Journal.

Defamation and medical journals.

BRITISH MEDICAL JOURNAL 46 5 APRIL 1975 NEWS AND NOTES MEDICOLEGAL Defamation and Medical Journals FROM OUR LEGAL CORRESPONDENT Tucked away among...
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