Good spot! IANAL but I think the etc refers to things that could be journals (technical journals etc?) without defining them all. Point 1) under the heading “The publication of a statement in a scientific or academic journal is privileged if the following conditions are met.” Would suggest the defence applies only to things that can be called journals, rather than things that are peer-reviewed in a manner similar to a journal. But then again the etc. could really stand for “There’s a lovely bit of defamation case law ambiguity there for us to earn our crust with”.
From: [email protected] [mailto:[email protected]] On Behalf Of Pippa Smart Sent: 14 May 2012 11:35 To: Global Open Access List (Successor of AmSci) Subject: [GOAL] Re: UK Defamation Bill and OA Is the inclusion of "etc" in the heading of the section meant to signify other academic publications? ("Peer-reviewed statement in scientific of academic journal etc.") - if so it will need to be somewhat better defined Pippa ***** Pippa Smart Research Communication and Publishing Consultant PSP Consulting 3 Park Lane, Appleton, Oxon OX13 5JT, UK Tel: +44 7775 627688 or +44 1865 864255 email: [email protected]<mailto:[email protected]> Web: www.pspconsulting.org<http://www.pspconsulting.org> **** Editor of the ALPSP-Alert, Reviews editor of Learned Publishing **** On 11 May 2012 09:56, David Smith <[email protected]<mailto:[email protected]>> wrote: In singling out peer reviewed scholarly articles, it would also seem to imply no additional protection for material in scholarly books or other longer form content. It does raise an interesting question as to whether somebody could go after a pre-print even if it was in a published journal. Or whether a paper in review has any form of protection – only a problem if you’ve made it public (via a repository) first I guess. Are there any defamation cases that pertain to published literature? The only thing I can think of that comes close is the libel case by the British Association of Chiropractors against the author Simon Singh (http://news.bbc.co.uk/1/hi/sci/tech/8621880.stm) but that was against an article/blog in the Guardian. David Dr David Smith Head of Innovation, Plantwise Knowledge Bank CABI Head Office Nosworthy Way Wallingford Oxfordshire OX10 8DE UK Visit us at: www.cabi.org<http://www.cabi.org/> CABI improves people's lives worldwide by providing information and applying scientific expertise to solve problems in agriculture and the environment From: [email protected]<mailto:[email protected]> [mailto:[email protected]<mailto:[email protected]>] On Behalf Of CHARLES OPPENHEIM Sent: 11 May 2012 09:27 To: Global Open Access List (Successor of AmSci) Subject: [GOAL] UK Defamation Bill and OA This has just been published - see http://www.publications.parliament.uk/pa/bills/cbill/2012-2013/0005/13005.pdf. Clause 6 gives special protection against defamation actions to peer reviewed scholarly articles (the first time peer review has figured in a piece of legislation??). This is something that scholarly publishers will no doubt pick up on as an argument against unrefereed green OA. Charles Professor Charles Oppenheim P Think Green - don't print this email unless you really need to ************************************************************************ The information contained in this e-mail and any files transmitted with it is confidential and is for the exclusive use of the intended recipient. If you are not the intended recipient please note that any distribution, copying or use of this communication or the information in it is prohibited. Whilst CAB International trading as CABI takes steps to prevent the transmission of viruses via e-mail, we cannot guarantee that any e-mail or attachment is free from computer viruses and you are strongly advised to undertake your own anti-virus precautions. If you have received this communication in error, please notify us by e-mail at [email protected]<mailto:[email protected]> or by telephone on +44 (0)1491 832111<tel:%2B44%20%280%291491%20832111> and then delete the e-mail and any copies of it. CABI is an International Organization recognised by the UK Government under Statutory Instrument 1982 No. 1071... ************************************************************************** _______________________________________________ GOAL mailing list [email protected]<mailto:[email protected]> http://mailman.ecs.soton.ac.uk/mailman/listinfo/goal
_______________________________________________ GOAL mailing list [email protected] http://mailman.ecs.soton.ac.uk/mailman/listinfo/goal
