[GOAL] Re: UK Defamation Bill and OA

Pippa Smart pippa.smart at gmail.com
Mon May 14 11:34:44 BST 2012


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

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On 11 May 2012 09:56, David Smith <david.smith at cabi.org> 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. ****
>
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> *From:* goal-bounces at eprints.org [mailto:goal-bounces at eprints.org] *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****
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> 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.****
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> Charles
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