Day 186 - 10 Nov 95 - Page 46
1 So I think that whom the publication has been alleged to
2 have been made to is significant in this case.
3
4 The next one is tab 4. I am not sure what the case is
5 now. Morgan v. Odhams Press Ltd., on page 1254, about two
6 inches down from the top, it says:
7
8 "What must be contemplated is a reading of a
9 newspaper in what a jury would consider to be
10 the ordinary way in which a newspaper article
11 would be read."
12
13 MR. JUSTICE BELL: I have got the point. That was a tabloid
14 newspaper, as well.
15
16 MR. MORRIS: Yes.
17
18 MR. JUSTICE BELL: It was described by one of the -- not
19 Lord Reid, but Lord Pearson, as a sensational article of
20 the kind that someone would read through once. So I have
21 the distinction, as you would argue, between this leaflet
22 and someone getting a bit of fun out of a tabloid
23 newspaper.
24
25 MR. MORRIS: Right, yes. I will move on from that, then.
26 I will move on to number 5. This is Charleston v. News
27 Group Newspapers Ltd. The only reference I wanted to make
28 to that was at the bottom of page 453:
29
30 "....it is necessary to take into account the
31 context in which the words were used and the
32 mode of publication."
33
34 That is just something -- we would say that the mode of
35 publication of this document is one of a fact sheet with
36 quite a lot of detail and a lot of issues, and it is not
37 something that flits across the television screen without a
38 chance to read carefully what it is, or an invitation to
39 read carefully. I believe that is what it means by "mode
40 of publication". I am not sure.
41
42 The next thing is number 9. I am not sure if this applies
43 to this particular argument. This is the point about
44 something that is a matter of public interest -- which
45 obviously these matters are a matter of public interest.
46 I am not sure if it does help us. Well, it helps us help
47 the court. There were some comments in there about -- for
48 example, on page 141, at the bottom:
49
50 "The words complained of must attack the
51 corporation or company in the method of
52 conducting its affairs, must accuse it of fraud
53 or mismanagement, or must attack its financial
54 position."
55
56 I am not sure if that can be a parallel here, but we would
57 say that if that spirit applies to this case at all, saying
58 that someone does not include all the details in their
59 nutrition guide is not the same as mismanagement and fraud.
60 Then -----
