Doping and Free Speech

Abstract

This article looks at the problems of doping in professional cycling and the difficulties of the media in accurately reporting the problem. It examines the arguments against doping in sport generally and the specific problem which is raised by professional cycling. The question of public interest in fairly conducted professional sport is examined. This is set against English libel law and the problems which the media have in reporting and analysing drug taking by professional cyclists. The article concentrates on the libel action brought by the leading U.S. cyclist and multiple Tour de France winner Lance Armstrong against the Sunday Times. The structure of English libel law and historical emphasis on reputation outweighing free speech is examined, as are modern developments in English libel law prompted by the European Convention on Human Rights, particularly ‘Reynolds privilege’. The question is raised as to whether this development gives more scope to report individual doping cases provided that they comply with the standards of ‘responsible journalism.’