BBC broadcasts defamatory Newsnight report
On 13th May 2009, the BBC broadcast a 15-minute item about the
Probo Koala episode on its flagship Newsnight programme. Libellous,
one-sided and deeply irresponsible, the ‘report’ falsely described
the incident as comparable with the Union Carbide Bhopal disaster
and wrongly claimed the slops had caused deaths, miscarriages and
serious illnesses in Abidjan. A related website article repeated
the allegations.
Among a series of factual blunders, the BBC grossly
misinterpreted the NFI Report in respect of the composition of the
slops, wrongly concluding that they contained and generated two
tonnes of hydrogen sulphide. The Newsnight report went on to allege
that 16 Ivorians had been killed by exposure to the slops.
Unlike other, less respected outlets, which had published
similar false allegations, the BBC is a renowned broadcaster whose
output commands global respect. Under these circumstances,
Trafigura felt that unless these allegations were challenged and
shown to be false, not only viewers of the BBC but also a much
wider worldwide audience would have incorrectly given them
credence.
On 17th December 2009, the BBC accepted that its allegations
were untrue – and withdrew them in full. The BBC broadcast an
apology as the opening item on Newsnight the same day – an
unprecedented step reflecting the extent to which the broadcaster
acknowledged and accepted responsibility for its error.
In addition to the apology, the BBC also agreed to pay damages
(which Trafigura donated to charity) and Trafigura’s legal
costs.