The Lancet: Holding nations accountable: strategic litigation for health (2)

18 August, 2025

Re: https://www.hifa.org/dgroups-rss/lancet-holding-nations-accountable-stra...

In a previous message I wrote:

1. The editorial speaks of litigation against governments. In my view, individual politicians should also be held accountable for actions that breach human rights.

2. HIFA has establighed a legal basis to address a different global health challenge. We showed many years ago that governments hjave a legal obligation under international human rights law to ensure that their populations have access to reliable healthcare information. Unfortunately the world has hardly budged an inch since then, on government accountability for climate change, healthcare information or any other parameter. Indeed we have seen a worsening of dangerous misinformation from an increasing number of (mostly right-wing) politicians, who continue to act with impunity.

I asked ChatGPT 'Should individual politicians be held accountable for actions that breach human rights?' and it answered:

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Yes — individual politicians should be held accountable for actions that breach human rights. Here are some key reasons:

Responsibility of Office: Politicians wield significant power over laws, policies, and state actions. With such authority comes responsibility. If they use this power to violate fundamental human rights, they should not be shielded by their office.

International Law: Many frameworks already exist that recognize individual accountability, such as the Nuremberg Principles, the Rome Statute of the International Criminal Court (ICC), and various human rights treaties. These explicitly state that political leaders cannot hide behind the excuse of "just following orders" or acting "on behalf of the state."

Deterrence: Holding politicians accountable discourages future violations. If politicians know they could face consequences — legal, political, or even personal (like travel bans or asset freezes) — they may think twice before engaging in or authorizing abuses.

Justice for Victims: Accountability acknowledges the harm done and provides victims with a path to recognition, redress, and justice. Without it, victims are silenced and abuses risk being repeated.

Rule of Law and Democracy: Allowing politicians to act with impunity undermines the rule of law and democratic systems. Accountability reinforces the idea that no one, regardless of rank, is above the law.

That said, the challenge lies in implementation. Politicians often enjoy legal immunities, control state mechanisms, or operate in countries without strong independent judiciaries. This is why international courts, sanctions, and global civil society advocacy often play a role when domestic systems fail.

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I then asked: 'Can you give me an example of a politician being held accountable for health misinformation?' and it gave the following example:

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Andrew Bridgen (UK Member of Parliament)

What happened: In January 2023, Conservative MP Andrew Bridgen shared a post likening COVID-19 vaccination to "the biggest crime against humanity since the Holocaust." This rhetoric was widely condemned for poisoning public discourse and invoking offensive historical analogies. AP News Farrer & Co.

Accountability: The Conservative Party suspended Bridgen following the backlash. Prime Minister Rishi Sunak criticized the remarks as "utterly unacceptable," emphasizing that such misinformation can cause real harm.

AP News

Legal fallout: Bridgen sued former Health Secretary Matt Hancock for libel over a tweet where Hancock denounced his statement as "disgusting and dangerous antisemitic, anti-vax, anti-scientific conspiracy theories." The court ruled that the defamation case should move forward to trial, underscoring that even high-profile political speech is subject to scrutiny—and that social media posts are not shielded by parliamentary privilege.

BBC Farrer & Co.

This case stands out because it involved both party disciplinary action and a formal legal challenge, illustrating that spreading harmful health misinformation can carry significant professional and judicial consequences.

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Best wishes, Neil

HIFA profile: Neil Pakenham-Walsh is coordinator of HIFA (Healthcare Information For All), a global health community that brings all stakeholders together around the shared goal of universal access to reliable healthcare information. HIFA has 20,000 members in 180 countries, interacting in four languages and representing all parts of the global evidence ecosystem. HIFA is administered by Global Healthcare Information Network, a UK-based nonprofit in official relations with the World Health Organization. Email: neil@hifa.org