Dave Osler Wins Libel Case
The journalist Dave Osler, contributor to Liberal Conspiracy and many other places, today won a libel case that had been brought by Tory (former Respect) activist Joannah Kaschke.
Jack of Kent has a little bit of analysis of Dave’s case and was first to tweet the positive outcome.
I am sure he and/or Padraig Reidy of Index on Censorship will report with a full analysis of Justice Eady’s ruling soon, but the analysis from Dave’s lawyer Robert Dougans of Bryan Cave (also Simon Singh’s lawyer) is that it sets a very good precedent for bloggers, and how much responsibility we take for wayward comments posted unmoderated on our websites.
I took some photos of Dave Osler and wellwishers outside the court (including another Liberal Conspirator, Paul Evans).
True, the last photo does show Dave sipping champagne (which might undermine his reputation as a staunch defender of the working class) but otherwise it is worth noting that both Dave and his partner looked relieved rather than happy.
This case has taken three years to defend, and for much of that time he has had to defend himself. Months have been spent preparing a defence against someone who appears to be a vexatious litigant, time that could have been spend freelancing.
Substantial costs are unlikely to be recovered, meaning Dave is severely out of pocket.
One of the Libel Reform Campaign’s recommendations is the establishment of a fast-track libel tribunal to deal with cases like this.
Although Dave Osler has won his case, its another example of why the English libel laws are not fit for purpose.
Update:
Dave speaks to blogger Richard Wilson after his win
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Robert Sharp designed the Liberal Conspiracy site. He is the Campaigns Manager at English PEN, a blogger, and a director of digital design company Fifty Nine Productions. For more of this sort of thing, visit Rob's eponymous blog or follow him on Twitter @robertsharp59.
· Other posts by Robert Sharp
Story Filed Under: Blog ,Civil liberties ,Reform
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Reader comments
Fantastic news.
Does that mean that saying [edited out] is now no longer libellous?
Fantastic news.
Congrats to Dave – though commiserations regarding costs etc, which is a total disgrace.
Good news, though the cost to Dave is a pity.
Did anyone in authority suggest therapy for Kaschke? She needs help.
Excellent news. There is some justice out there
Fantastic news. Roll on libel reform!
Well done Dave!
common sense prevails…
@2, apparently it doesn’t
I can’t believe this case even got as far as it did. It’s a no-brainer.
Reactions: Twitter, blogs
- Liberal Conspiracy
Dave Osler Wins Libel Case http://bit.ly/b0OaeL
- Paul Sagar
RT @libcon: Dave Osler Wins Libel Case http://bit.ly/b0OaeL
- Joseph Edwards
RT @libcon: Dave Osler Wins Libel Case http://bit.ly/b0OaeL
- Justin Baidoo
RT @libcon: Dave Osler Wins Libel Case http://bit.ly/b0OaeL
- Raincoat Optimism
well done to Dave Osler for his win and all those involved http://bit.ly/djG7KI #libelreform -but of course there are no winners, reform now
- Lilian Edwards
Small personal note: more than pleased re Osler win http://bit.ly/djG7KI as she threstened to sue me too for reporting on legal issues.
- Lee Griffin
RT @libcon: Dave Osler Wins Libel Case http://bit.ly/b0OaeL
- Jonathan Calder
RT @libcon: Dave Osler Wins Libel Case http://bit.ly/b0OaeL
- loveandgarbage
Fantastic news: FYI @andrewdmurray @lilianedwards RT @libcon: Dave Osler Wins Libel Case http://bit.ly/b0OaeL
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