Day 186 - 10 Nov 95 - Page 16


     
     1        context is important -- although I am saying that there
     2        should be protection for the right to have a critical
     3        context -- what I am saying is that the context of the
     4        leaflet is clearly a criticism of corporations as a whole,
     5        the burger industry and, arguably, the US dollar.
     6
     7        So, if I may be allowed just to go through and just say how
     8        that clearly is a theme which -----
     9
    10   MR. JUSTICE BELL:  No.  I see the theme.  What I want you to
    11        help me on is, granted that there is that theme, how does
    12        that help me interpret the meaning of the leaflet in the
    13        respect we are considering in this argument?
    14
    15   MR. MORRIS:  I would say that the meaning of the text of the
    16        leaflet on this subject is clearly what is in the text on
    17        that issue, but Mr. Rampton is raising an argument that --
    18        in fact, I would say he is relying entirely on his
    19        interpretation of the context to argue that what is clearly
    20        not defamatory in the text must in some way be defamatory
    21        because of the context; and I would like to shoot his
    22        context down in flames, because then we are left with
    23        basically what we should be arguing about, which is the
    24        actual text of the section about food.  If you feel I do
    25        not need to shoot the context down in flames, then I will
    26        not do so.
    27
    28        It seems to me that the Plaintiffs are relying entirely on
    29        context for creating a defamatory meaning.  That is the
    30        basic thrust of their argument.  Therefore, I would argue
    31        that the context actually achieves the opposite, which is,
    32        although it is a leaflet which focuses on McDonald's, the
    33        actual theme that permeates the entire leaflet from
    34        beginning to end is that McDonald's is just a symbol, just
    35        one of many corporations; it is a whole system, a whole
    36        diet, a whole type of production, the catering industry,
    37        when it talks about "workers".
    38
    39        Maybe if I just pick out something particularly relevant,
    40        rather than go through every line.  The second column,
    41        above the picture of the hungry child:  "McDonald's is
    42        directly involved in this economic imperialism."  Under the
    43        picture: "This diverts attention from one cause:
    44        exploitation by multinationals like McDonald's."  I will
    45        not go -----
    46
    47   MR. JUSTICE BELL:  You ask me to look at the text.  The text is
    48        related virtually entirely to McDonald's, is it not, which
    49        is why I interrupted you and said I understand the point
    50        you are making about the leaflet being an attack on ----- 
    51 
    52   MR. MORRIS:  The food text, you mean, sorry? 
    53
    54   MR. JUSTICE BELL:  Yes, multinationals.
    55
    56   MR. MORRIS:  The food text is about diet and that -- well,
    57        I would say entirely about diet, except for specifically
    58        their nutrition guide.
    59
    60   MR. JUSTICE BELL:  Yes, I understand that point.  But granted

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