The law relating to political
neutrality and defamation
BMA Public Affairs Team
British Medical Association
BMA House
Tavistock Square
London
WC1H 9JP
© British Medical Association, 2013
The law relating to political neutrality
and defamation
The following is a brief reminder of law relating to political neutrality and defamation.
This is important to be aware of as you engage with politicians and the media.
It is strongly advised that you take an apolitical stance – when commenting to politicians and the media, BMA members should protect
the BMA’s public image and credibility by maintaining political neutrality. This is for political, as well as legal, reasons. It is prudent to
preserve a distinction between the activities and views of political parties and individual politicians, and those of the BMA.
Introduction
What this means in practice
The BMA cannot declare its support for the policies of one party
over another, particularly if it appears to be more supportive of
doctors than the policies of another party. This is because the
BMA is an organisation free of party political allegiances and
therefore cannot support or oppose any particular political party or
candidate. When commenting to politicians, do bear in mind that
the BMA’s public image and credibility thrives on its political
neutrality. It is advisable to preserve a distinction between the
activities and views of political parties and individual politicians,
and those of the BMA.
The BMA would advise you to take note of the following
precautions when in contact with MPs:
A brief outline of the various pieces of legislation that govern
the BMA in this arena follows.
• Do not tie criticism of a party’s policy to a particular party
where it is obvious that other parties have a very different
position. In the course of discussion do, whenever possible,
make the point that the BMA supports no particular party
to emphasise the BMA’s political neutrality – for example by
saying: ”the BMA is an organisation free of party political
allegiances and as a professional association, we are concerned
only with promoting doctors’ and patients’ interests.”
Trade Union law
The BMA is subject to the Trade Union and Labour Relations
(Consolidation) Act 1992. The provisions of this Act mean that the
BMA’s resources (funds, services or property) may not be used in any
way to endorse or oppose a political party, individual politicians or
candidates in a political election. This is because the BMA has not
carried out a ballot of members to create a separate fund, a Political
Fund, for this purpose. The provisions of the Act also mean that
BMA resources cannot be used for the production, publication or
distribution of any material, the main purpose of which is to
persuade people to vote for a political party or candidate. The Public
Affairs Team would advise you to take every care to ensure that
nothing in the BMA’s activities could be construed as the pursuit of
such objectives.
NDING UP FO
R DOCTORS
• Do not comment on the government’s overall track record. For
example, you can criticise aspects of specific policies and legislation
with which the BMA does not agree, and comment on how these
have impacted on doctors and patients. Focus on the merits of the
measure in question, rather than deriding the party which introduced
that measure. Refer to “policies” wherever possible or to
“government policies” rather than “Conservative Party policies”.
• Do not comment on any policy where BMA support is
solicited by an individual politician.
• It can be difficult to maintain a completely non partisan
stance in broadcast interviews where you are not in control
of the questioning and your remarks may be edited. For
example, keep returning to the BMA’s key messages on relevant
policy areas. You can contact the Public Affairs Team for the
BMA’s views on a wide range of health policies.
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• Do not enter into any local alliances – unless they are a part
of a nationally agreed initiative.
It should be noted that the following are among the defences
to a claim of defamation:
It is vital that any messages that you communicate in a BMA
capacity are consistent with the BMA’s policies.
• Justification – this means being able to show that what was said
is true
• Fair comment on a matter of public interest – an honest
expression of opinion
• Privilege – where a statement is made in the discharge of a
public or private duty.
The law on defamation
An individual making a public statement on behalf of the BMA
needs to be aware of the potential pitfalls of the law of defamation.
In general, a defamatory statement is one which “tends to lower
an individual’s reputation in the eyes of right thinking members of
society, or which would cause him to be shunned or bring him into
hatred, ridicule or contempt, or which tends to discredit him in his
profession or trade”.
In practical terms it is important to understand that the role of a
BMA spokesperson is to put across the BMA’s message in
connection with the medical profession and the affairs of the health
service. Where it is necessary to mention individuals, care should be
taken to ensure that no gratuitous or unsustainable comment is
made, this being so whether the discussion is on or off the record.
Defamation comes in two forms:
• Libel, which is the written or broadcast word
• Slander, which is the spoken word.
Contrary to popular belief, the law on defamation also applies to
postings on the internet.
An individual who believes he has been defamed can bring
proceedings for libel in the absence of any proof of loss. Proceedings
for slander, however, can only generally be brought if loss can be
shown – although there are limited exceptions, including the slander
of an individual in his profession.
Great care must be taken to ensure that where an issue with respect
to an individual is the subject of a rumour, it is not given weight or
authority by being publicised by the BMA to the detriment of that
individual’s reputation. Similarly unsubstantiated comment should
not be made about individuals and organisations.
The practical advice that the BMA would give is that any reference
to an individual or organisation should be made in measured terms
after a careful appraisal of the evidence available. If this advice is
followed there should be no difficulties with respect to defamation.
For further information,
please email: [email protected]
Contrary to popular belief, the law on defamation also applies to postings on the internet.
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