University donations enable ‘libel tourism’
Controversial university donor Dmitry Firtash cites his Cambridge connections to bring libel charges to British courts
A billionaire donor to the University of Cambridge has filed a libel lawsuit against a Ukrainian paper, the Kyiv Post, citing his donations to the University as one of the reasons he has chosen to pursue the case through the British Courts.
Dmitry Firtash, a gas-trading oligarch with strong connections to the President of Ukraine, has donated on a number of occasions to the University to help fund Cambridge Ukrainian Studies, based within the University’s Department for Slavonic Studies.
On its website the graduate course is described as "Western Europe’s premier programme in the study of the culture and language of Ukraine."
His most recent donation was in October 2010, when he donated £4.3m to fund the creation of two permanent academic posts central to the Ukrainian Studies programme.
These donations have now been brought up during a lawsuit which is taking place in London.
On July 2 2010, the Kyiv Post, Ukraine’s leading English-language publication, published an article online about Ukraine’s natural gas sector. Following the publication of this article Mr Firtash issued libel proceedings in London against the Kyiv Post.
Talking to Varsity, the Kyiv Post described the decision to file the lawsuit in London "as without merit and frivolous."
In court documents seen by Varsity, Mr Firtash is detailed as "a prominent businessman who lives in Ukraine but also enjoys a reputation in the UK."
In the documents, Mr Firtash’s solicitor cites his donations to the University of Cambridge, as well as the fact that he attended a dinner with the Queen in 2005, as explicit reasons as to why he has a reputation to protect in the UK. When questioned upon the issue of Mr. Firtash’s donations to Cambridge being used in such a way, a spokesman for the university simply confirmed the receipt of the donations.
The Kyiv Post has argued that fewer than 30 readers within the UK viewed the article in question and hence there was little reputation damage.
Another reason Firtash’s solicitor cites for holding the case here is that "given the terms of the article suggesting friends in high places in the Ukraine" his reputation could only be fully vindicated in a court outside the country.
However the Kyiv Post claims the true reason that Firtash wants the lawsuit to take place in London is that "draconian libel laws" in the UK "hinder legitimate free speech and threaten the work of independent journalists."
They add, "In a phenomenon known as ‘libel tourism,’ rich and powerful plaintiffs file lawsuits in London – ‘the libel capital of the world’ – to exploit laws stacked in their favour."
The paper then claims that the University’s "acceptance of funding from Firtash is enabling him to try and curb media freedom in the Ukraine."
The Kyiv Post has now blocked all web-traffic from the UK in protest against the libel laws that exist here.
Firtash is no newcomer to scandal. In the past, he has been accused of having connections to one of the world’s most wanted criminals.
He is alleged to have connections to Semyon Mogilevych, a suspected Ukrainian mobster, who is currently listed on the FBI’s top-ten most wanted website.
In cables released by WikiLeaks, the US embassador to Ukraine said Firtash "acknowledged ties to Semyon Mogilevych stating he needed Mogilevych’s approval to get into business in the first place."
A statement released on 2nd December in response to these allegations stated, "Mr Firtash has stated many times, publicly, privately and on the record that he knew Mr Mogilevich but has never had any partnership or other commercial association with him."
In response to questions from Varsity regarding the allegations against Firtash, a university spokesperson said that the "executive committee has been briefed regarding the contents of the confidential cable." However, they claimed that the leaked cable "added little to information which was already in the public domain and which had been considered previously by the committee in connection with its advice to the Vice-Chancellor."
The University stressed that all decisions regarding potential investments are made in view of their ethical guidelines, which include the stipulation that the investment will not "damage the University’s reputation".
Emma Widdis, head of the Department of Slavonic Studies, praised Mr Firtash’s support, and made clear that "[she], and the department of Slavonic Studies, would not have got involved unless we were satisfied that the University had gone through its proper procedures".
Simon Franklin, of the same department, said that he was "delighted with the success of the [Cambridge Ukrainian Studies] programme", and stressed the rigorousness of the University’s procedures.
The Kyiv Post told Varsity that it will be decided in February whether Mr Firtash can pursue the case through British courts.
For more information on libel reform or to sign the national petition visit http://libelreform.org/
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