Day 313 - 13 Dec 96 - Page 49
1 that has been heard in the case relating to that matter,
2 and if it is not an inferential meaning because it has
3 actually been stated in the text that that is what is being
4 said, then it would be in the nature of fair comment.
5
6 It is a bit of a hard exercise to do because we do not know
7 what the meanings are.
8
9 MR. JUSTICE BELL: Yes.
10
11 MR. MORRIS: Like, for example, the very real risk which we
12 would say is an inferential meaning, but it does not say
13 that in the text. That may not be the best example, but
14 that is an example where inferences are being drawn from
15 the text which are not specifically stated.
16
17 MS. STEEL: If I just give one example which was raised the
18 other day, which was in the advertising section and there
19 was a reference to exploiting -- how do McDonald's
20 deliberately exploit children, and I think it was
21 Mr. Rampton said that because it is in a fact sheet about
22 McDonald's it must be about -- "What's wrong with
23 McDonald's?" -- it must be, you know, unethical
24 exploitation, or something like that, and just the point is
25 that if you add the word "unethical", which we say does not
26 appear in there, it is a comment because "unethical" is a
27 value judgment. Therefore, whether or not that was
28 justified would have to be taken on the basis of the facts
29 proved, and we obviously would say that, certainly in our
30 terms, their advertising is unethical and has been shown to
31 be through all the facts that have been proved in relation
32 to the advertising section of the case.
33
34 MR. MORRIS: I think I missed out a whole page, actually.
35
36 MR. JUSTICE BELL: I wondered if you had turned it over. Tell
37 me what you want to say about advertising and animals.
38
39 MR. MORRIS: Yes. The "Getting the Chemistry Right", just the
40 first thing is "The gimmickery dressing-up of low quality
41 food" is we say comment. The heading, "How do McDonald's
42 deliberately exploit children" is comment. The "normality
43 trap" is comment, and where it goes to the word "normal"
44 half way down that section there, "children thinking they
45 are not 'normal'", that is comment. "Toy food", we would
46 say that is comment, a comment in describing the food.
47 "Inadequacy of their product" is comment. "Reducing the
48 food itself to the status of a prop". That is comment, and
49 "seduced", the word "seduced", we would say is comment in
50 the last line, last sentence, and "The food being at best
51 mediocre, at worst poisonous" is comment. "Ronald's dirty
52 secret", we would say that is comment.
53
54 Obviously, the whole thing is a bit bizarre because it all
55 depends on what the final meaning and the sting is, but
56 "ronald mcdonald's perverse antics"; we would say
57 "perverse" is comment. Then, in the animals action, the
58 heading is comment. The words "torture" and "murder" are
59 comment. Obviously, "entirely artificial conditions" is a
60 general charge, and "barbaric", "deaths being barbaric",
