Journalists are rightly concerned about “libel chill,” the threat of litigation used to discourage investigative reporting that can damage powerful interests. Though under-reported by journalists, there is another “chill” that is every bit as dangerous to the public interest.
I’m referring to “safety chill,” the fear of legal liability, which is threatening to choke off the free flow of information through the aviation safety system that protects the traveling public.
There is no doubt that confidential reporting and collaborative investigations have led to dramatic improvements in aviation safety, with no fatal accidents reported in North American commercial aviation since the Colgan Air Bombardier Q400 crash near Buffalo, New York, U.S., in February 2009.
However, courts and administrative tribunals are increasingly threatening this system, putting the interests of litigants in our adversarial legal system ahead of any privilege or confidentiality attached to communi…
