Sunday Times Ordered ‘Remove Wakefield MMR “Data Fixing” Story’

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[ News Release]

UK Press Complaints Commission Orders Sunday Times

“Remove MMR Journalist’s Stories”

on Dr. Wakefield from Paper’s Web Site

Work by Reporter Brian Deer is at Center of

Investigation Being Conducted by Medical Regulators

July 2, 2009, Contact: James C. Moore, Thoughtful House – Center for Children – 512.300.9232 – media@thoughtfulhouse.org

[Updates:-

5/Jul/09: Sunday Times’ Discredited – Wakefield’s Autism Research Verified

9/Jul/09: Sunday Times Defies Press Complaints Commission – News Release ]

(Austin, Texas) – The Press Complaints Commission (PCC) of London, an independent body that oversees journalism fairness in the UK, has issued an interim order calling for the Sunday Times to remove stories written by Brian Deer about Dr. Andrew Wakefield from its web site. Dr. Wakefield had filed an extensive complaint with the PCC regarding errors of fact in Deer’s reportage on the MMR vaccine and its possible relationship to autism. The General Medical Council (GMC) in the UK is presently hearing evidence involving Dr. Wakefield and two of his colleagues following a complaint to the GMC by Deer himself. The PCC decision today appears to indicate there are questions about the accuracy of the Deer stories.

The PCC complaint by Dr. Wakefield provides clear evidence that Deer’s allegations of “data fixing” by him are false. The complaint also accused Deer of an undisclosed conflict of interest since Deer also failed to reveal in his articles that he was the person who made the original complaint to the GMC, misleading the newspaper’s readers over the accuracy of his reporting.

Given the ongoing nature of the dispute,” Stephen Abell of the PCC wrote, “the articles should be removed from the newspaper’s website until this matter has been concluded.  This would not be an admission of any liability on the part of the newspaper.”

Although media are expected to respond promptly to complaints through an informal process, the Sunday Times took more than three months to answer detailed issues raised by Dr. Wakefield, and called upon legal representation to write the paper’s response. Despite this the paper’s management have failed to produce any evidence of “data fixing” by Dr. Wakefield. In its letter to Dr. Wakefield regarding his complaint against Deer, the PCC “expressed concern at the initial slowness of the newspaper’s response.” The PCC said it delayed a complete ruling until it has a fuller accounting of all information submitted to the GMC, but that the outcome of the GMC hearing is not relevant to a final decision by the PCC.

My contention has always been,” Dr. Wakefield explained, “And it always will be that journalism, before it is published, must stand on its merits with good documentation, sources, and corroboration. Deer’s stories fail on every count. I see no connection between the GMC’s hearing and a decision by the PCC. If the Sunday Times cannot defend the information today, which it can’t, then it was unable to do so at the time of publication.”

Wakefield has been one of the subjects of the longest GMC hearing in history. Although the hearing was expected to be concluded in August 2009, information from attorneys involved in presenting evidence indicate the case is not likely to be decided upon by the panel until December and may not conclude until early 2010.

About Thoughtful House: Thoughtful House advocates a multi-disciplinary treatment approach to treating autism and supports a ’safety-first’ vaccination policy. The research program at Thoughtful House is dedicated to understanding the biological origins of childhood developmental disorders and establishing best practices in treating children affected by these disorders. www.thoughtfulhouse.org

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___________________________________________

RELATED STORIES – [Remember - Read it here on CHS first]

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Times’ Group Journo Costs GMC £1M – But Blames MMR Doc!

Sunday Times’ MMR Lies Nailed At Last – Editor Witherow Should Resign

Brian Deer’s Boss Joins MMR Manufacturer Glaxo’s Board

Sunday Times Journalist In Cedillo Vaccine Case Controversy

Sunday Times Journalist Admits Wakefield MMR Data Fixing Allegation Is  Unqualified Speculation

Sunday Times’ London Editor Must Quit Over False “Wakefield MMR Data Fixing” Story

US Federal Court, US Justice Dept & The Sunday Times – More Questions Than Answers

Sunday Times Journalist Challenged Over Role in US MMR Cases & Denying Being Complainant In UK MMR Case

Sunday Times Journalist Made Up Wakefield MMR Data Fixing Allegation

Sunday Times – Sinks To New Low With Yet More MMR Junk Journalism

10 Responses

  1. As there is nothing about this on the Press Complaints Council web site, is there any independent source where the facts can be checked? Alternatively, is it just another lie from the anti-vaccination liars?

    [ED: "anti-Vaccination liars". How funny Mr Bowditch. Looks like getting the facts right is not your forte is it? But then the facts are merely details, aren't they?

    It is called the "Press Complaints Commission".

    Weren't you sued for making misleading and deceptive statements which were false, malicious and injurious. Weren't you ordered to publish a statement correcting those misleading deceptive false malicious and injurious statements and ordered personally to pay the costs?

    It would be an enormous lie to suggest the PCC had made such an order when it had not. Is that the sort of whopper we might read on your websites?

    Lost any more defamation cases lately?

    Stephen Barrett and Terry Polevoy have not been doing too well in all the harassment cases they started against alternative medicine practitioners.

    Your name was mentioned in one of their many cases as associated it seems:-
    'Quack Buster' busted
    Chiropractic Journal]

  2. All these many years, I have been following Brian Deer’s unsubstantiated, venomous attacks on Dr Wakefield’s proposition, that there may exist a negative synergism in predisposed children who are struck autistic, upon receipt of the poorly tested 3 in 1 Measles, Mumps and Rubella vaccine. It seems to me the Mr. Deer is eminently
    UNqualified to bring charges against Dr Wakefield since there were few if any charges would stand up if the least bit of honest investigation were performed. The zeal with which Mr. Deer pursued the Dr Wakefield and his theory makes me think that Mr. Deer thought he had found an issue that would bring him recognition and he hammered straight ahead without doing due diligence.

    The Sunday Times failed big time in it’s responsibility to fact check Mr. Deer’s challenges before publishing and continuing to publish this unsubstantiated story all these many years. Attempting to bring down Dr Wakefield’s effort to help these families.

    I guess selling papers is more important than getting the facts straight. Shame and shame!

    When the ongoing Court case concludes and I predict Dr Wakefield is cleared I hope he sues Mr. Deer and the Sunday Times so he can be compensated monetarily for the pain and suffering they caused him and his family.

    [ED: Minor edits]

  3. You say: “It would be an enormous lie to suggest the PCC had made such an order when it had not”.

    So show me an official statement from the Press Complaints Commission mentioning Brian Deer.

    Start with the list of press releases at http://www.pcc.org.uk/news/press-2009.html

    Oh, and I have never lost a defamation case in my life. If you believe otherwise, perhaps you could point to a final court order saying so.

    [ED: The reason you did not "lose" the case we referred to was because you settled it and there was an order for you to pay costs. More misleading statements from Peter Bowditch.

    Watch out for the weasel words. There are a lot.

    I see The PCC won't let you have a copy of their order. Tough luck mate, cobber [as you are from "down under"].

    Are the stories down from Times Online yet? Is there a legal notice where once the stories were? Can you still find them Petey babe? Nah? Shame?

    Where are the enormous lies Petey? That would not be on your websites would it?

    Oh and the direct implication of what you are saying is that anyone who says The PCC has made just such a ruling is a liar? My my. That looks like another legal action you are going to have to throw the towel in on and settle so you don’t “lose”.]

  4. I had to pay costs, did I? You will be able to point to a court order saying so, won’t you, one that supersedes the real court order which said “No order as to costs”.

    Is it possible for you to go a day without lying?

    [ED: Looks like the bad guys are pretty desperate for you to turn up on this site.

    And thanks Petey for accusing CHS of being liars. Who is lying?

    You denied here you lost the case in which you were sued for making misleading and deceptive statements which were false, malicious and injurious.

    You threw the towel in and did a deal under which you agreed to a Court order requiring you to publish a statement correcting those misleading deceptive false malicious and injurious statements.

    Throwing in the towel and being forced to publish a statement is losing isn't it?

    Now you say under that deal you did not have to pay costs. Really? Not even your own costs? The other side just agreed to pay you for all of your time and effort and paid any of your legal costs and expenses too - even your fare to the Court to carry all your extensive affidavits and exhibits?

    Sorry Petey. Don't believe you. Let's see the full order and full terms of settlement. Produce them.

    We were right in the first place and you accuse us of being liars. Ho hum.

    And surprise surprise look who has turned up here at the same time as you. It is Mark Probert.

    You and he are notorious for going all over the web accusing people of being liars especially individual medical practitioner who cannot afford to sue you. That is how the two of you get away with it [almost] all the time.

    Well, you have not told the truth here. Thanks for the evidence.]

    And yes, I am saying that anyone who says that the PCC made such an order is lying, because the PCC has made no such order.

    In fact, when I wrote to them they told me exactly that.

    [ED: Really? They did make an order and The Sunday Times is so embarrassed about it with egg all over their faces they have now defied the PCC. They took the stories down and now have put them back up with a notice instead. The PCC is not a Court and cannot force The Sunday Times to comply.

    You are such a tasteless piece of work.

    Have you not asked the PCC for a full copy of their interim decision - what they actually decided?

    And we see you have not published what the PCC sent you.

    We have copies of the emails they are sending out to people who enquire so we know. Who is the liar now?]

    In fact, they are planning to do nothing until after the GMC have finished with Wakefield.

    Well Petey, isn’t what you say something you would call a “lie”? Because they have done something and you say they have not.

    Looks like we cannot take much notice of what you say.

    They have issued an interim decision because the Sunday Times published a story which just does not stand up. Brian Deer wrote a pile of the usual rubbish and The Sunday Times are so keen to get Wakefield they published it.

    And we know their boss, James Murdoch is on the board of MMR vaccine litigation defendant GlaxoSmithKline with the job of killing stories harmful to Glaxo. So it is all now looking pretty stinky.

    When the PCC tells them to take the stories down at first they take them down and then they decide to defy the PCC and put them back up.

    The Sunday Times can no longer claim it was just Brian Deer. They have shown they are fully behind the publication of stories about Wakefield which just do not stand up.

    And so who is lying? Not us.

    [POSTSCRIPT 09:12 5th July 09 - The Sunday Times took the stories down once, put them back up but have now taken the stories down again. They stories are again unavailable online.]

    Remember, all you have to do is produce the PCC’s “order” in some official form directly attributable to the PCC. Reports on anti-vaccination liar web sites do not count.

    Well Petey, why don’t you ask the PCC for a copy? We think everyone should ask the PCC for a copy. Don’t you think the PCC should publish in full what they decided so everyone can see in the interests of transparency?

    Yes they should. And your posts here show exactly why they should.

    Why don’t you write to them and ask them to make a full public statement publishing the full text of their letter to Dr Wakefield containing their decision.

  5. Let’s see…you make a claim that the PCC ordered Deer to removethe articles, and, Peter Bowditch says that the PCC website does not mention it. Then, you personally attack Pter Bowditch. Sounds like you are desperate.

    As for Wakefield, the testimony during the Omnibus hearings should be use to indict him for gross negligence, willful harming of children and being a lying quack in the first degree. I read the entire transcript, every single word, and listened to much of the testimony. The experts submitted by the government destroyed any pretense of objectivity and competence that Wakefield may pretend to have.

    [ED: What a pile of drivel. So it looks like you are expecting the UK's GMC to acquit him. And just like The Sunday Glaxo you want to start all sorts of new unfounded accusations to keep the MMR controversy running forever? Smart move.

    So when are you going to start accusing CHS of lying? Bowditch can hardly ever write a sentence without accusing people of lying and you normally do much the same.

    Looks like someone eise is desperate that they thought sending in you two characters might be worth doing.]

  6. Fascinating exhange. Bowditch is one of the internets biggest xxxxx. If his lips are moving he’s xxxxx. If he’s typing, he’s xxxxx.

    Bowditch was successfully sued for xxxxxxxxx.
    Bowditch was also xxxxxxxx for xxxxxxx xxxxxxx.

    The only real question is: Is Bowditch a xxxxxx xxxx or a xxxxxxx that xxxx.

    [ED: Yes. We know. Any hard information welcome - can send by email.]

  7. The latest round from Deer, posted on LeftBrian/RightBrian – demonstrating his idiosynctratic take on the facts. Many interested parties were witness to the fact that the Sunday Times did remove the stories last week as directed by Stephen Abell, although they have now put them back up again, indicating contempt for the PCC. But that this happened is beyond doubt.

    Date: Mon, 06 Jul 2009 18:12:00 +0100
    To: “Joanna Bower”
    From: Brian Deer
    Cc: Thoughtful House

    Ms Joanne Bower,
    RadcliffesLeBrasseur LLP

    Dear Ms Bower,

    Your client, Dr Andrew Wakefield, has published, and caused to be
    published, on his website, thoughtfulhouse.org, and on other sites,
    false claims that the Press Complaints Commission has issued an
    “interim order” concerning my investigation into his conduct. Dr
    Wakefield claims that The Sunday Times has been ordered by the PCC to
    remove my stories about him from its website.

    I understand that the PCC has written to your client to point out that
    these claims are untrue. In fact, all of my stories concerning him are
    available at the Times Online website.

    thoughtfulhouse.org is unquestionably controlled by Dr Wakefield, and
    his publication there has caused similar untruths to be published on
    websites either directly controlled for his interests, such as
    cryshame.org, which, as you may know was set up by Mrs Isabella
    Thomas, the parent of two of the children anonymised in the now-
    infamous Lancet MMR paper, or indirectly controlled for his interests,
    such as ageofautism.com, operated to promote and profit from concern
    over children’s vaccines.

    It is, of course, nothing new for Dr Wakefield to mislead the public,
    and especially the parents of autistic children. He has faced the
    longest ever proceedings before a General Medical Council fitness to
    practise panel, following the GMC’s reinvestigation of my journalism.
    In due course, I’d expect he will face a hearing of the PCC, covering
    much of the same ground on a significantly different evidential base.

    However, you may feel it advisable to explain to your client that
    either he accepts the untruth of his latest claims and takes them
    down, or he maintains them in publication, in which case his conduct
    would not merely be wrong, but would be dishonest.

    With best wishes,

    Brian Deer

  8. As you obviously have a copy of the PCC interim order against Brian Deer, can you please publish it in full, or provide a link. I only request this as I cannot find any such order and am interested in reading the text. Publishing the full text of this interim order will also shut up those critics who suggest that no such order exists, and make them look quite silly,.

    Thank you.

    [ED: The publication of their interim order directing The Sunday Times to take the stories down is for the PCC to do. If the PCC were a proper regulatory body [which they are not] they would have to publish all decisions and if they did not you could get it under Freedom of Information. But the truth is their reputation is crap [see end for more].

    The Sunday Times took the stories down promptly but then someone at The Sunday Times had a hissy fit last week. It was just too much when Thoughtful House had the temerity to issue a news release telling people what the PCC did [just fancy that - cheeky puppies - publishing news The Sunday Times and PCC were too embarrassed to announce].

    The Sunday Times said that in retaliation they would put the stories back up – but strangely did not right away.

    Anyhow, our spies tell us that it looks like Jimmy Murdoch the boss of News International in the UK which owns The Sunday Times might have allowed things to get a bit out of hand in li’l ole UK. [Jimmy's dad Rupert Murdoch does not like advertising how politically powerful he is. Showing he can completely ignore the UK Press Complaints Commission is a fairly big advertisement.]

    So the whole issue went over to Jimmy’s Dad Rupert at News Corporation in New York [News Corp owns News International - Dad lets Jimmy play with it - other kids get a toy car].

    First thing Monday the issue was being looked at in New York until the afternoon when it was eventually decided Jimmy could let The Sunday Times put the stories back up and give two fingers to the PCC.

    The PCC are a “self-regulatory” body run by the UK press and have a crap reputation which you can read about on The Media Standards Trust website: “A More Accountable Press“.

    They are operated by the press itself – yep, even including The Times and The Sunday Times. Check out Nick Davies best seller “Flat Earth News“. Only 0.67% of complaints in 10 years have ever gotten to a decision [win or lose].

  9. Damn, you anti-vac dirtbags will do anything to spin this.Wakefield had no business, under the genteleman’s agreement, putting out that press release.

    [ED: You are banned from this site. We will not tolerate people who go around willy nilly accusing people of lying, deceit and all the rest and generally making a nuisance of themselves to be disruptive. You have a well-earned reputation all over the internet along with Peter Bowditch. You fall into the category of an internet troll.

    Hmm? Could this be the same as or a different Mark Probert to the one disbarred by the New York Supreme Court in November, 1992?
    http://www.humanticsfoundation.com/propagandistprobert.html

    That Mark Probert appears to be associated with Stephen Barrett, Terry Polevoy, & Christopher Grell?

    Here is another example of one of your posts we will simply not tolerate:-

    Well, well, well...another gutless anonymous coward who removes posts to s/h/its blog when they cannot handle the truth. So typical of the anti-vaccination pro-infectious disease liar merchants of disability and death.

    That is what my blog is all about...posting the truth when I have been censored.

    And, you will see yourself featured there in the not too distant future.

    Big deal.]

  10. I see you have had a visit from [ED: anonymous poster] [xxxxxxxx xxx xxxxxx - ED: abuse edited out], although why you had to xxx out things I don’t know. You ask for confirming emails about a court case I was involved in when all you have to do is go to the web site of the Federal Court of Australia and do a search for cases with my name in them. All the orders are there, including the final order which says that I didn’t lose, I didn’t have to pay the other side’s costs (unlike Wakefield, who had to pay Brian Deer’s costs in a case), and where no mention is made of any requirement for me to display any notice on my site.

    Now, back to the original question. Please provide evidence that the PCC ever ordered the Sunday Times to do anything about the Wakefield article. Don’t tell me to do it myself, because the PCC has told me that there was never any such order. You are the one saying an order was made. Produce it.

    [ED: Do you never tell the truth? Looks like you lose again. We publish below the notice you agreed to publish on your site after an injunction was awarded against you and your company Gebesse Holdings Pty Ltd

    We are also banning you from this site for:-
    1) telling the untruth
    2) being a troll and
    3) for not reading the articles which contain the full text of the PCC's order for The Sunday Times to take down the stories by Brian Deer:-
    Sunday Times Defies Press Complaints Commission

    What you said here is not true. Only published judgements of The Federal Court of Australia can be searched.

    Orders made in cases are not published online and cannot be searched where there is no judgement because you threw the towel in after you had an injunction made against you.

    Here is what you agreed to publish and did publish:-

    The Federal Court of Australia has ordered
    Peter Bowditch and Gebesse Holdings Pty Ltd
    to publish the following Statement from ACN

    On 13 September 2005, Australian Communications Network Pty Limited (‘ACN’) commenced proceedings against Peter Bowditch and Gebesse Holdings Pty Ltd (“Ratbags”) in respect of certain statements made on the ratbags.com website alleging that those statements were misleading and deceptive in contravention of the Trade Practices Act 1974 and were false, malicious and injurious to the business of ACN.

    On 22 September 2005, as an interim measure pending a full hearing on ACN’s application for interlocutory injunctions against Ratbags, the Federal Court of Australia (with the consent of Mr Bowditch and Gebesse) ordered Ratbags to publish this statement by ACN on the ratbags.com website. The Federal Court of Australia does not necessarily endorse any of the contents of this statement.

    General statement re ACN:

    · ACN is the Australian subsidiary of the global telecommunications company American Communications Network Inc which commenced in 1993 and operates:

    o in 18 countries worldwide (North America, Western Europe and Australia);

    o has 1.5 million phone customers worldwide (approx);

    o had 2004 revenues of US$600 million (approx).

    · Federal Court Justice Selway found that:

    o ACN's business was "viable and competitive"

    o "There is no suggestion that its marketing strategies are a sham or that its financial projections cannot be realised"

    o "ACN's offering to customers is competitive and may even be attractive."

    · The direct selling/multi-level marketing (MLM) industry of which ACN is a part, along with companies such as Tupperware, Nutrimetics & Avon, has around 500,000 Australians working in it and has revenues of around A$1.2 billion annually.

    · ACN employs over 100 people in its North Sydney Offices and has acquired over 30,000 local and/or long distance customers in less than 12 months and almost 4000 mobile customers in less than 2 months.

    Response to false and misleading statements by Ratbags

    Allegation of being a pyramid scheme

    There is no basis to suggest that the current MLM model ($200 + GST entry fee) used by ACN is a pyramid scheme:

    · Justice Selway expressly failed to find that ACN’s MLM model would be a pyramid at a $200 entry fee;

    · Justice Mansfield expressly limited his declarations against ACN to the period ending on 11 April 2005, when ACN changed its entry fee to $200;

    · Justice Mansfield expressly stated: “The decision and orders of the Court do not relate to a scheme in which the participation payment is $200 plus GST.”

    · Justice Selway’s finding against the original $500 MLM model is subject to appeal.

    Allegations regarding legitimacy and sustainability of ACN’s business

    There is no basis to suggest that ACN is not a legitimate, sustainable business.

    The Federal Court of Australia has made the following factual findings in respect to ACN's business:

    · ACN's offering to customers is competitive and may even be attractive.

    · ACN’s commitment to offer quality products and services to customers at competitive prices is a real commitment.

    · ACN’s commitment to provide prompt, courteous service from a dynamic support scheme is a real commitment.

    · ACN's commitment to process all orders in a prompt and efficient manner is a real commitment.

    · There is a real market in which ACN provides real services to real customers.

    · There is no suggestion that ACN's marketing strategies are a sham of that its financial projections cannot be realised.

    · There is no evidence that ACN cannot operate viably in the telecommunications market and the ACCC did not dispute that ACN's business was viable and competitive.

    · There is no evidence that the scheme operated by ACN is not sustainable. ACN has operated successfully in the United States, Canada and Europe and based on the scheme operated by ACN elsewhere in the world and the fact that returns to participants are ultimately based on actual business in real products and services provided to actual customers, ACN’s business may sustainable long term.

    Allegations regarding ability to succeed financially as an ACN Independent Representative

    There is no basis to suggest that it is not possible to succeed financially or make money as an ACN Independent Representative.

    ACN pays substantial amounts of money to those Independent Representatives who succeed in acquiring telecommunications customers and building effective sales organisations. For example:

    · In the last weeks alone well over 100 Independent Representatives have shared in over $35,000 of bonuses for acquiring customers;

    · In addition, ACN will be paying almost $90,000 in monthly commissions to Independent Representatives in September 05.

    ACN’s compensation plan provides opportunity to make money, at a range of commitment levels from a few hours a week to full time. Independent Representatives can double their $200 entry fee by acquiring just 10 fixed line and 10 mobile customers in their first 30 days.

    For further information on the proceedings concerning ACN's business you should refer to the following judgments that can be found at http://www.austlii.edu.au:

    Australian Competition & Consumer Commission v Australian Communications Network Pty Ltd [2005] FCA 988
    (see http://www.austlii.edu.au/au/cases/cth/federal_ct/2005/988.html)

    Australian Competition and Consumer Commission v Australian Communications Network Pty Ltd [2005] FCA 276
    (see http://www.austlii.edu.au/au/cases/cth/federal_ct/2005/276.html)

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