Update: Pig Business and Libel Laws

A big apology to those who tuned in to watch Pig Business on Tuesday night and found themselves watching True Stories - Who Killed the Electric Car? instead.

Little was it anticipated that what was intended as a quick announcement of this film would lead us deep into the sacred turf of freedom of speech - internationally - and to Britain's parlous libel laws.

What happened was that Channel 4 revised the schedules at short notice, announcing that a new broadcast date would be found for Pig Business. This was apparently done in order to assure the press that pulling the programme was merely postponing it, rather than abandoning it altogether. However the new slot is likely to be sometime in May, presumably to allow time for the perceived issues to be fully worked through.

Channel 4, like all UK media outlets attempting to report public interest information, has to do boot and braces when making sure all its legal boxes are ticked. This can be onerous, as UK libel laws might be considered to be corporate friendly - if not a major impediment to free speech. So much so that 'libel tourism' is now a serious problem, where foreign plaintiffs come to the UK to sue, even over material that was not published in the UK.

This is not a problem merely for Britain. It is considered to be a such a threat to the American First Amendment - freedom of speech and the press - that draft legislation to counter it is currently being laid before Congress with support on all sides. Here's the First Amendment in full:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

For an example of what is happening at its worst, here is a recent story from The Washington Post titled The Attack of the Libel Tourists which tells us:

'Plaintiffs with little or no connection to the country [UK] are filing libel suits there; British judges more often than not allow them to proceed on flimsy jurisdictional grounds'

while The Guardian reports the issue from the other side of the pond:

'American legislators told Congress that cases heard in London were causing "concrete and profound harm" to the American people.

'The Guardian has learned both the Ministry of Justice and the parliamentary committee on media, culture and sport are planning consultations on libel law reforms, as the US takes steps to protect Americans from the English courts.

'Earlier this month, an American congressional committee singled out "ridiculous lawsuits" permitted in London and heard that "foreign individuals are operating a scheme to intimidate authors and publishers".'

Putting the issue into context:

'The controversy surrounding English libel law is the requirement that authors of defamatory statements must prove the statement is true.

'By contrast, in the US, statements are presumed to be true unless the person bringing the claim can show it was false, there was "actual malice" or that the falsehood was intentional.'

So much for the cherished British notion of free expression, then.


Astonishingly - as she was not on the distribution for the postings and we had never been in contact - in the midst of all this Tracy Worcester somehow managed to get a message through in good time to alert us of the rescheduling in advance. Alas, her email arrived after the library had shut, just too late to pass it on to you in good time.

So whilst the rescheduling may therefore have come as a surprise, three potentially good things emerge from this:

it seems safe to assume that when a programme has to be re-edited under these circumstances we can be sure it has something very important to say

as more notice of the showing should now be possible, more folk will get a chance to learn what it is

while apparently True Stories - Who Killed the Electric Car? turned out to be an important documentary in its own right, described by one recipient as 'essential viewing'.

So a happy ending, at least for those who persevered. Here's what the Channel 4 website had to say about it:

'The curious story of the short life of one of the fastest, most efficient production cars ever built.

'It ran on electricity, produced no emissions and catapulted American technology to the forefront of the automotive industry. The lucky few who drove it never wanted to give it up. So why did General Motors crush its fleet of EV1 electric vehicles into landfill sites in the obscurity of the Arizona desert?

'Chris Paine's documentary investigates the events that led to the quiet destruction of an apparently promising product.

'Through interviews, ranging from enthusiastic owner Mel Gibson to ex-CIA boss R James Woolsey, the film paints a picture of an industrial culture whose aversion to change and reliance on oil may run deeper then its ability to embrace new, radical solutions.'

Stand by for news of the revised showing of Pig Business which will be circulated just as soon as the information reaches the pensive prognosticator.

Meanwhile for those who can't wait, here's the trailer. Plus there is plenty more graphic stuff on the Pig Business website.