Day 283 - 21 Oct 96 - Page 37
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2 MR JUSTICE BELL: Just sit down and find where you are. (Pause)
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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.
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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.
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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,
