Day 299 - 13 Nov 96 - Page 44


     
     1        That is all it says about advertising.  Well, I cannot see
     2        McDonald's disproving that is true and that we knew it was
     3        not true.  Helen has shown that -- I mean, apart from the
     4        fact that is not what the leaflet strictly says.  But it is
     5        certainly not a lie that we have allegedly said that.  That
     6        is a hard one to get round, that one.   (Pause) In terms of
     7        most of their advertising, it is aimed at children, in any
     8        event, whether it is solely at children or whether it is at
     9        children during the cross-over time.  So, you know, it is a
    10        true statement that McDonald's aim most of their
    11        advertising at children.
    12
    13        That statement of course, on its own, would not be
    14        defamatory of us -- sorry -- would not be defamatory if the
    15        leaflet just said that McDonald's aimed most of its
    16        advertising at children.  However, what we have been
    17        accused of is saying that, and that is lies, when we have
    18        shown it is true.
    19
    20   MR. JUSTICE BELL:   Yes, I understand that.
    21
    22   MR. MORRIS:   That is why I find it hard to see how -- you know,
    23        you cannot really get your teeth into that particular -----
    24
    25   MR. JUSTICE BELL:   I do not think you need to, because I have
    26        grappled with what you are saying about that.
    27
    28   MR. MORRIS:   It is a statement of fact.  It is either true or
    29        it is false; and, if it is false, we would have to know
    30        that it was false for it to be a lie.
    31
    32        One more point about the way that children are shown in
    33        McDonald's advertising with regard to normality, this may
    34        sound so obvious as to not even know why I am bringing it
    35        up.  The children in McDonald's adverts, there is no
    36        dissenting or unhappy children not wanting to go to
    37        McDonald's or not being interested.  All the children in
    38        all the ads are all portrayed as the people who love
    39        McDonald's and want to go there.  That is not really
    40        surprising, but the point is -----
    41
    42   MR. JUSTICE BELL:  They are not going to make it attractive by
    43        having a few dissenters waving their banners in the
    44        background.
    45
    46   MR. MORRIS:   The thing is, although it is so obvious, and this
    47        would be a criticism of any advert by any company, it still
    48        does not make it a not valid criticism, which is that they
    49        are presenting a false picture and trying to portray it as
    50        a normal thing that all children like McDonald's.  This is
    51        the important point, that we do not believe we have to show
    52        that McDonald's advertising is worse ---
    53
    54   MR. JUSTICE BELL:   No, you do not have to.
    55
    56   MR. MORRIS:  -- than other advertising.  It uses standards,
    57        techniques, which we believe the public have a right to
    58        criticise.  We think advertising which portrays a false
    59        picture such as that one that I have just mentioned is
    60        unethical; and, on top that of, it is an additional point

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