Day 294 - 05 Nov 96 - Page 11


     
     1        whether the meaning might be justified or not when deciding
     2        what the meaning was.
     3
     4        Anyway, there you are.  I have asked the question I wanted
     5        to.  If you want to come back to it later, and you have
     6        said you were going to say more about the meaning anyway,
     7        then do so.
     8
     9   MR. MORRIS:   Yes.  I think that a lot of what McDonald's have
    10        claimed is defamatory is not defamatory in this fact sheet
    11        and people should have a right to express their opinion on
    12        those subjects without facing libel actions.
    13
    14   MR. JUSTICE BELL:  You have made that point before.
    15
    16   MR. MORRIS:   Right.  In terms of context, I think the same
    17        applies to the context of this section as to any other
    18        sections, especially in the light of the - it is clear, you
    19        know, part of the gimmicky dressing up of low quality food
    20        is talking about a general trend in the food industry.
    21
    22        For example, in the second paragraph of the "Toy Food"
    23        section, again there is a kind of general point that does
    24        not only apply to McDonald's; it applies to the food
    25        industry.  And clearly the "What's Your Poison" box does
    26        not even mention McDonald's at all.
    27
    28        So again, in terms of context, we are talking about general
    29        concerns about general problems to do with an industry and
    30        the way they promote their products, when of course they do
    31        not promote them by saying what the reality is, they do it
    32        by portraying it as a fun event and all that kind of
    33        stuff.  Contrast that with what this leaflet is doing, is
    34        trying to show the reality in that industry.  Now, if I
    35        move on from the fact sheet.
    36
    37   MR. JUSTICE BELL:   Yes.
    38
    39   MR. MORRIS:   To the press release issued by McDonald's, that we
    40        counterclaimed against.  They say that the leaflet states
    41        that McDonald's "uses ingredients, beef and chicken, which
    42        carry a risk of food poisoning".  Well, that is a very
    43        useful summary of part, if not all, of this section of the
    44        case coming from them, and the question is, do the
    45        ingredients beef and chicken carry a risk of food
    46        poisoning, those kind of ingredients, which is clearly
    47        yes.  And obviously McDonald's completely agrees about
    48        that, because they claim to have all kinds of concerns and
    49        policies and procedures to try to neutralize that risk.
    50        Whether or not they neutralize it is immaterial, in one way
    51        of looking at it, to the fact that there is that risk.  And
    52        we will look, of course, at how effective they are or are
    53        not or can or cannot be, as a secondary matter.
    54
    55        So what McDonald's have to prove from the counterclaim, and
    56        we would defend against it, is that it uses ingredient
    57        which do not carry a risk of food poisoning and that me and
    58        Helen know that fact; not only do we know that fact, but we
    59        knew that fact apparently after the service of witness
    60        statements which McDonald's claim we should have, you know,

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