Day 283 - 21 Oct 96 - Page 37


     
     1
     2   MR JUSTICE BELL:  Just sit down and find where you are.  (Pause)
     3
     4   MR. MORRIS:   I am going to have an overview of the evidence,
     5        some of the evidence in the case now.  Not to do it with
     6        malice or lies, but to do it with justification and fair
     7        comment.  McDonald's have said, and the law of this land
     8        says, that we have to prove our case, prove the facts or
     9        enough of the facts to justify the comments in the London
    10        Greenpeace fact sheet.  I am not going to go through the
    11        means at this stage.  We are going to do that when we go
    12        through each issue in substance, but this may be
    13        significant.
    14
    15        Mr. Rampton, again on the first day; and it was on page 13
    16        on day 1, said, from lines 18 to 30, I will not read it out
    17        word for word, words to the effect of "it is on account of
    18        statements of fact that McDonald's have brought this
    19        action, I should say mis-statements of fact".  That is what
    20        he said:  and then may be people who don't like McDonald's
    21        food, et cetera, such people may wish to add expression to
    22        their views of McDonald's food some time in strong terms,
    23        so far as McDonald's is concerned anybody is free to
    24        express his criticism in whatever terms he wishes.
    25        McDonald's may not like it but they will never try to
    26        prevent it.  They cannot and do not object to fair and
    27        reasonable and honest criticism of their business or
    28        products.  However, what they will always seek to prevent,
    29        always have sought to prevent, is dissemination of false
    30        factual information about the company, its business and its
    31        products.  And it seems to me, Mr. Rampton there was
    32        limiting his legal case to some extent to the matters of
    33        justification rather than the fair comment, because people
    34        should have a right to make all matters of comment in
    35        whatever terms he wishes.  That is to quote Mr. Rampton.
    36        If there is - well, we believe if it is reasonably believed
    37        to be fair of other people making it, but also as the law
    38        states it is based upon some factual basis but enough of
    39        factual basis to just satisfy it as being fair.
    40
    41   MR JUSTICE BELL:  Well, one of the things I may need your help
    42        on is that -- and I just say this so that you have it in
    43        mind -- I may need some help on the extent to which the
    44        factual basis, if it is said to be, if a statement is said
    45        to be comment has to be stated in the leaflet which is
    46        complained of itself, because whereas if there is a general
    47        charge which is a statement of fact, at the moment I
    48        understand the defendants, a defendant, can seek to justify
    49        that by matters of fact which are not amongst the words
    50        complained of.  So that if it were a statement of fact to 
    51        say conditions of employment are bad, you could rely upon 
    52        whatever you could prove about lack of safety, even though 
    53        that is not actually mentioned in the leaflet.  Insofar as
    54        a statement is one of comment, as I understand it, and I
    55        welcome your help and I hope I get Mr. Rampton's, insofar
    56        as a statement is said to be a comment rather than a
    57        statement of fact, it can only be defended as fair comment
    58        if there are statements in the leaflet of fact which are
    59        shown to be true and would provide a sufficient basis to
    60        make a comment one which a reasonable person might make,

Prev Next Index