How Can Journals Respond to Threats of Libel Litigation

The mere suggestion of litigation can bias the medical literature by affecting editorial decisions. Libel threats are sometimes used by those with significant financial interest in, for example, health care products, to block critical evaluations. While it is difficult to determine how often manuscripts are not published because of “libel chill”, medical editors report that this is a real phenomenon. In this paper, the authors argue that journals should publicly post threats of litigation or cease and desist letters. This could both deter frivolous legal posturing that is meant to stifle important debates and allow these threats to be tracked. The paper discusses some legal precedents, including a precedent that suggests that mere posting of threats will not evoke libel concerns. The authors argue that the public exposure of these practices has advantages over other strategies for guarding against libel chill. They call upon international organizations involved in medical publications to take the lead in organizing web-based exposure of litigation threats.