Day 313 - 13 Dec 96 - Page 49


     
     1        that has been heard in the case relating to that matter,
     2        and if it is not an inferential meaning because it has
     3        actually been stated in the text that that is what is being
     4        said, then it would be in the nature of fair comment.
     5
     6        It is a bit of a hard exercise to do because we do not know
     7        what the meanings are.
     8
     9   MR. JUSTICE BELL: Yes.
    10
    11   MR. MORRIS:  Like, for example, the very real risk which we
    12        would say is an inferential meaning, but it does not say
    13        that in the text.  That may not be the best example, but
    14        that is an example where inferences are being drawn from
    15        the text which are not specifically stated.
    16
    17   MS. STEEL:   If I just give one example which was raised the
    18        other day, which was in the advertising section and there
    19        was a reference to exploiting -- how do McDonald's
    20        deliberately exploit children, and I think it was
    21        Mr. Rampton said that because it is in a fact sheet about
    22        McDonald's it must be about -- "What's wrong with
    23        McDonald's?" -- it must be, you know, unethical
    24        exploitation, or something like that, and just the point is
    25        that if you add the word "unethical", which we say does not
    26        appear in there, it is a comment because "unethical" is a
    27        value judgment.  Therefore, whether or not that was
    28        justified would have to be taken on the basis of the facts
    29        proved, and we obviously would say that, certainly in our
    30        terms, their advertising is unethical and has been shown to
    31        be through all the facts that have been proved in relation
    32        to the advertising section of the case.
    33
    34   MR. MORRIS:  I think I missed out a whole page, actually.
    35
    36   MR. JUSTICE BELL:  I wondered if you had turned it over.  Tell
    37        me what you want to say about advertising and animals.
    38
    39   MR. MORRIS:  Yes.  The "Getting the Chemistry Right", just the
    40        first thing is "The gimmickery dressing-up of low quality
    41        food" is we say comment.  The heading, "How do McDonald's
    42        deliberately exploit children" is comment.  The "normality
    43        trap" is comment, and where it goes to the word "normal"
    44        half way down that section there, "children thinking they
    45        are not 'normal'", that is comment.  "Toy food", we would
    46        say that is comment, a comment in describing the food.
    47        "Inadequacy of their product" is comment.  "Reducing the
    48        food itself to the status of a prop".  That is comment, and
    49        "seduced", the word "seduced", we would say is comment in
    50        the last line, last sentence, and "The food being at best
    51        mediocre, at worst poisonous" is comment.  "Ronald's dirty
    52        secret", we would say that is comment.
    53
    54        Obviously, the whole thing is a bit bizarre because it all
    55        depends on what the final meaning and the sting is, but
    56        "ronald mcdonald's perverse antics"; we would say
    57        "perverse" is comment.  Then, in the animals action, the
    58        heading is comment.  The words "torture" and "murder" are
    59        comment.  Obviously, "entirely artificial conditions" is a
    60        general charge, and "barbaric", "deaths being barbaric",

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