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Trafigura v the BBC: the endgame

Update: BBC withdraws allegation that dumping of toxic waste "caused deaths"

By George Eaton Published 17 December 2009 11:19

On Tuesday I blogged on the disappearance of Newsnight's Trafigura investigation from its website. Now it emerges that a judgment on the libel action brought against the BBC by the oil firm is due today.

David Leigh's Guardian piece curiously fails to link the video's removal to the imminent legal ruling, though the story was covered elsewhere on the site.

BBC lawyers are said to be "engaged in a mediation process with Carter-Ruck", which is likely to be the explanation for the feature's disappearance. The case centres on Newsnight's claim that the dumping of toxic waste by Trafigura "caused deaths", and not merely sickness.

Update: The BBC has withdrawn its allegation "that deaths, miscarriages or serious or long-term injuries were caused by the waste" and has apologised to Trafigura.

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Tags: Trafigura Libel

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4 comments

Fri, 2009-12-18 13:27 — sly and reggie (not verified)

At least Trafigura has not actually stopped the Newsnight piece from being seen.
See it here
http://bit.ly/4I9WjU

Thu, 2009-12-17 11:54 — Bedd Gelert (not verified)

Hmmm... But surely the tricky thing here is that if the people of the Ivory Coast have 'agreed' [albeit at the point of gun, in effect] what their 'version of the truth' is so that they can at least receive some money - then it is going to be very difficult for Liz McKean's Newsnight team to keep reporting the facts as the only way they can really do that is to ask the victims to jeopardise 'the story' now constructed to get Trafigura to payout without admitting liability.

I agree it seems bloody unfair to the journalists, against natural justice and I daresay to the victims who may never get to see all the dosh - but what is the alternative ?

The hideous Bhopal scenario seems to be the alternative where settlement which meets the needs of the people has not been made, because hideous corporation politics means that they can just run down the clock as they have deeper pockets.

At least with Trafigura / Probo Koala some of the truth has seen the light of day and some money will be paid to the victims. All the awful Carter-Ruck stuff is dreadful, and could lead others to think they'll get away with this travesty of justice to the poor, but on the other hand I think the Shells and Exxons of this world will look at this and think "We'll try and avoid a scenario like that, thank you very much.."

Thu, 2009-12-17 13:46 — chris19831

This is a disgrace. This country's execrable libel laws have allowed Trafigura (and countless others) to use superior financial staying-power to bludgeon the BBC into withdrawing its allegations (which remain largely true). I reported on the Trafigura case and the atmosphere of passive intimidation was incredible; next time editors will simply pass over tough assignments because the financial consequences of going to court against powerful interests - regardless of the veracity of the reporting - are too severe.
The consequences of this for UK investigative reporting will be around for a long time . Why do our gutless MP's stand and do nothing? Too much interest in the preserving the status quo I fear..

Chris Thompson, Paris

Thu, 2009-12-17 17:07 — Bedd Gelert (not verified)

Chris Thompson,
"The consequences of this for UK investigative reporting will be around for a long time . Why do our gutless MP's stand and do nothing? Too much interest in the preserving the status quo I fear.. "

But I think investigative reporting has always been 'the road less travelled' and it was much more difficult than other reporting before this Trafigura case, and it will continue to be much tougher than 'cut and paste churnalism' of PR guff and news releases.

In the corporate owned advertiser funded US media 'investigative journalism' of the oil lobby [7 out of the Top Ten biggest companies in the World, by turnover, fact fans !] is already a quaint and nostalgic idea.

"The consequences of this for UK investigative reporting will be around for a long time . " Well, yes, but as long as we don't capitulate to those who want to privatise the BBC and turn it into a British Fox News [mentioning no names, but David Cameron's ears may be pricking up..] we may still have a chance of a 'hit and run' on some of the worst offenders.

Talking of which, any news of the fight between Desmondo, Bower and the inmate of a certain Florida prison ? That doesn't seem to be getting the coverage it deserves either. I wonder why...