How Can Journals Respond to Threats of Libel Litigation

PLoS Med 11(3): e1001615. doi:10.1371/journal.pmed.1001615

4 Pages Posted: 31 Mar 2014 Last revised: 14 Apr 2014

See all articles by Nav Persaud

Nav Persaud

University of Toronto - Centre for Urban Health Solution; University of Toronto - Department of Family and Community Medicine

Thom Ringer

University of Toronto - Saint Michael's Hospital

Trudo Lemmens

University of Toronto - Faculty of Law

Date Written: March 29, 2014

Abstract

The mere suggestion of litigation can bias the medical literature by affecting editorial decisions. Libel threats are sometimes used by those with significant financial interest in, for example, health care products, to block critical evaluations. While it is difficult to determine how often manuscripts are not published because of “libel chill”, medical editors report that this is a real phenomenon. In this paper, the authors argue that journals should publicly post threats of litigation or cease and desist letters. This could both deter frivolous legal posturing that is meant to stifle important debates and allow these threats to be tracked. The paper discusses some legal precedents, including a precedent that suggests that mere posting of threats will not evoke libel concerns. The authors argue that the public exposure of these practices has advantages over other strategies for guarding against libel chill. They call upon international organizations involved in medical publications to take the lead in organizing web-based exposure of litigation threats.

Keywords: Bias, Medical Literature, Libel, Litigation, Editorial Decision Making

Suggested Citation

Persaud, Nav and Ringer, Thom and Lemmens, Trudo, How Can Journals Respond to Threats of Libel Litigation (March 29, 2014). PLoS Med 11(3): e1001615. doi:10.1371/journal.pmed.1001615, Available at SSRN: https://ssrn.com/abstract=2417804

Nav Persaud

University of Toronto - Centre for Urban Health Solution ( email )

Toronto
Canada

University of Toronto - Department of Family and Community Medicine ( email )

Canada

Thom Ringer

University of Toronto - Saint Michael's Hospital ( email )

30 Bond Street
30 Bond Street
Toronto, Ontario M5B 1W8
Canada

Trudo Lemmens (Contact Author)

University of Toronto - Faculty of Law ( email )

78 and 84 Queen's Park
Toronto, Ontario M5S 2C5
Canada

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