Day 300 - 14 Nov 96 - Page 09
1 I am trying a libel action, and if the words are
2 defamatory, let us suppose they are treated as statements
3 of fact, whether they are actually true or not. That is it
4 at the end of the day.
5
6 It is not for me to decide whether it would be reasonable
7 to ban children's advertising. If I decide there is an
8 allegation of unconscionable exploitation here, just
9 putting it as shortly as I can, I have to decide whether
10 that is justified. I may decide that it is justified. But
11 what is no part of my job is to start saying whether there
12 should be this kind of advertisement or that kind of
13 advertisement. I would have stood as a member of
14 Parliament if -----
15
16 MS. STEEL: That is what I am saying. I am saying you should
17 not make a decision on that. But I am saying that you
18 should -----
19
20 MR. JUSTICE BELL: I will not be deterred from saying that the
21 allegation of exploitation is justified if I think so on
22 the evidence, just because the ITC or the ASA found this
23 acceptable or that acceptable.
24
25 MS. STEEL: The point I am making is that if, for example.... I
26 mean, we would argue this whether or not other countries
27 had banned advertising to children. If, for example,
28 Sweden and Canada have banned advertising to children, then
29 it has got to be a reasonable opinion to hold, and that is
30 what this is about. The deliberate exploitation of
31 children is a comment based on the facts.
32
33 MR. JUSTICE BELL: Well, let me make a note of that, because I
34 want you to tell me then which facts stated in the leaflet
35 or referred to in the leaflet the comment is based on.
36 Just let me make a note. (Pause) Do you want to just run
37 through them?
38
39 MS. STEEL: What - the facts that we rely on?
40
41 MR. JUSTICE BELL: Yes, the facts which you say -- not the
42 evidence which makes you say that that fact has been
43 proved, but -----
44
45 MS. STEEL: It is proved beyond a doubt, so far as I am
46 concerned but....
47
48 MR. JUSTICE BELL: That does not help me very much. What I want
49 you to do is identify the facts which you say now we have
50 proved those, so if you are prepared to treat the
51 allegation of exploitation as a comment rather than a
52 statement of fact, it is a fair comment.
53
54 MS. STEEL: Right. The other complication in this is actually
55 McDonald's have not pleaded exploitation as a defamatory
56 meaning, so I am not sure to what extent you are entitled
57 to find that as the meaning.
58
59 MR. JUSTICE BELL: Do not deter me from that. I thought you
60 would like me to find it means exploitation and that it is
