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
