Day 299 - 13 Nov 96 - Page 44
1 That is all it says about advertising. Well, I cannot see
2 McDonald's disproving that is true and that we knew it was
3 not true. Helen has shown that -- I mean, apart from the
4 fact that is not what the leaflet strictly says. But it is
5 certainly not a lie that we have allegedly said that. That
6 is a hard one to get round, that one. (Pause) In terms of
7 most of their advertising, it is aimed at children, in any
8 event, whether it is solely at children or whether it is at
9 children during the cross-over time. So, you know, it is a
10 true statement that McDonald's aim most of their
11 advertising at children.
12
13 That statement of course, on its own, would not be
14 defamatory of us -- sorry -- would not be defamatory if the
15 leaflet just said that McDonald's aimed most of its
16 advertising at children. However, what we have been
17 accused of is saying that, and that is lies, when we have
18 shown it is true.
19
20 MR. JUSTICE BELL: Yes, I understand that.
21
22 MR. MORRIS: That is why I find it hard to see how -- you know,
23 you cannot really get your teeth into that particular -----
24
25 MR. JUSTICE BELL: I do not think you need to, because I have
26 grappled with what you are saying about that.
27
28 MR. MORRIS: It is a statement of fact. It is either true or
29 it is false; and, if it is false, we would have to know
30 that it was false for it to be a lie.
31
32 One more point about the way that children are shown in
33 McDonald's advertising with regard to normality, this may
34 sound so obvious as to not even know why I am bringing it
35 up. The children in McDonald's adverts, there is no
36 dissenting or unhappy children not wanting to go to
37 McDonald's or not being interested. All the children in
38 all the ads are all portrayed as the people who love
39 McDonald's and want to go there. That is not really
40 surprising, but the point is -----
41
42 MR. JUSTICE BELL: They are not going to make it attractive by
43 having a few dissenters waving their banners in the
44 background.
45
46 MR. MORRIS: The thing is, although it is so obvious, and this
47 would be a criticism of any advert by any company, it still
48 does not make it a not valid criticism, which is that they
49 are presenting a false picture and trying to portray it as
50 a normal thing that all children like McDonald's. This is
51 the important point, that we do not believe we have to show
52 that McDonald's advertising is worse ---
53
54 MR. JUSTICE BELL: No, you do not have to.
55
56 MR. MORRIS: -- than other advertising. It uses standards,
57 techniques, which we believe the public have a right to
58 criticise. We think advertising which portrays a false
59 picture such as that one that I have just mentioned is
60 unethical; and, on top that of, it is an additional point
