Dave Osler Wins Libel Case


by Robert Sharp    
May 13, 2010 at 1:45 pm

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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About the author
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.
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Filed under
Blog ,Civil liberties ,Reform


19 Comments || Add yours below

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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 :-)

6. Richard Goulding

Fantastic news. Roll on libel reform!

Well done Dave!

common sense prevails…

@2, apparently it doesn’t ;-)

10. Shatterface

I can’t believe this case even got as far as it did. It’s a no-brainer.


Reactions: Twitter, blogs
  1. Liberal Conspiracy

    Dave Osler Wins Libel Case http://bit.ly/b0OaeL

  2. Paul Sagar

    RT @libcon: Dave Osler Wins Libel Case http://bit.ly/b0OaeL

  3. Joseph Edwards

    RT @libcon: Dave Osler Wins Libel Case http://bit.ly/b0OaeL

  4. Justin Baidoo

    RT @libcon: Dave Osler Wins Libel Case http://bit.ly/b0OaeL

  5. 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

  6. 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.

  7. Lee Griffin

    RT @libcon: Dave Osler Wins Libel Case http://bit.ly/b0OaeL

  8. Jonathan Calder

    RT @libcon: Dave Osler Wins Libel Case http://bit.ly/b0OaeL

  9. loveandgarbage

    Fantastic news: FYI @andrewdmurray @lilianedwards RT @libcon: Dave Osler Wins Libel Case http://bit.ly/b0OaeL





  • We have a tight comments policy aimed at fostering constructive debate.
  • We believe in free speech but not your right to abuse our space.
  • Abusive, sarcastic or silly comments may be deleted.
  • Misogynist, racist, homophobic and xenophobic comments will be deleted.
  • Please familiarise yourself with our comments policy.

 
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