Day 300 - 14 Nov 96 - Page 12


     
     1        not have to prove any facts to support my view.
     2
     3   MR. JUSTICE BELL:  I nearly mentioned another leader of a
     4        totalitarian state further to the east.  But it would have
     5        to be something of that, where you made -- or, let us get
     6        away from leaders of states of one particular political hue
     7        or another -- there might be someone who had been a
     8        notorious serial killer.  You would not have to set out all
     9        the facts or even refer to them.  There would be a fair bit
    10        of reading in of what, as a result of media attention, had
    11        become widely well known.
    12
    13        But my understanding at the moment -- but I say now I would
    14        appreciate help on this by way of examples, because
    15        I always find them more helpful than just the theory, of
    16        the sort of thing of really wide general knowledge.
    17
    18   MR. RAMPTON:   My Lord, I will try and do that in due course.
    19        Can I just say now, for present purposes, I do not believe
    20        your Lordship should assume that I think it common sense or
    21        general knowledge that children are in some way peculiarly
    22        susceptible to advertising.  I was quite clear about that
    23        in cross-examination of Miss Dibb.
    24
    25   MR. JUSTICE BELL:  I anticipated that you would say that.
    26
    27   MS. STEEL:   I would have said that it is obvious that children
    28        are impressionable and it is common knowledge.  For
    29        example, there has been endless debate about whether or not
    30        children should have access to videos which are extremely
    31        violent, things like that.
    32
    33   MR. JUSTICE BELL:   Just pause for a moment, because if we argue
    34        every point as it comes up, we will take a very long time
    35        indeed, I am anxious not to do that.  What I am trying to
    36        get down is just a list, so they can be argued about, if
    37        need be, but the main thing, so that I have them in front
    38        of mind, as Mr. Hawkes would say, what the actual facts are
    39        which you say the fair comment could legitimately rely on.
    40
    41        I put down susceptibility.  My impression at the moment is
    42        that if you can rely on susceptibility, it would be, you
    43        would say, as a matter of common knowledge, rather than
    44        from the leaflet as a whole.  I put down both of those.
    45        Let me just look.  (Pause)  I will put pester power,
    46        because if one looks at the top of the right-hand column.
    47
    48   MS. STEEL:   Yes.  I had not actually got that far yet.
    49
    50   MR. JUSTICE BELL:   Is there something else you want to insert?
    51
    52   MS. STEEL:   Yes, the part about appetite necessity and above
    53        all money never entering the innocent world of Ronald
    54        McDonald.
    55
    56   MR. JUSTICE BELL:  Yes.  Just pause.
    57
    58   MS. STEEL:   You have got the normality trap and the gimmicks
    59        already, have you not?
    60

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