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 -----

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