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AAAS Resolution:
Federal Legislation Providing Immunity for Investigations and Reporting of Scientific Fraud and Misconduct
Whereas the primary mission of the AAAS is furthering the work of scientists, facilitating cooperation among them, fostering scientific freedom and responsibility, improving the effectiveness of science in the promotion of human welfare, to advance education in science, and increasing the public understanding and appreciation of the importance of the methods of science in human progress; and
Whereas incidents of scientific fraud and misconduct destroy the trust among scientists that is essential for collaborative research and for scientific progress and may undermine public confidence in the methods and achievements of science; and
Whereas some institutions and individuals have been reluctant to report confirmed incidents of fraud and scientific misconduct, due to fears of lawsuits and of potential legal liability; and
Whereas some scientific journals also have been reluctant, for similar reasons, to publish retractions of discredited articles or to print notices of formal findings of fraud and misconduct; and
Whereas because the law of defamation, intentional interference with the contract rights of others, and similar causes of action differ widely among the states, there is an acknowledged fear of burdensome lawsuits and potential legal liability arising from the truthful reporting of scientific fraud and misconduct; and
Whereas the problem of fraud and misconduct will not diminish until scientists, administrators, and editors fulfill their responsibility to the larger community by reporting confirmed incidents of scientific fraud and misconduct;
Be it resolved that the AAAS encourages federal legislation providing immunity from legal liability for academic institutions, commercial and non-profit research entities, peer review groups, and scientific journals which investigate allegations of scientific misconduct and who report on the outcomes of responsibly conducted investigations, so long as due process is afforded to the accused; and
Be it further resolved that similar immunity should be afforded to persons who in good faith cooperate with or participate in such investigations. [Adopted by the AAAS Board of Directors, April 27, 1990. Sponsored by the AAAS Committee on Scientific Freedom and Responsibility.]
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