Day 300 - 14 Nov 96 - Page 12
1 not have to prove any facts to support my view.
2
3 MR. JUSTICE BELL: I nearly mentioned another leader of a
4 totalitarian state further to the east. But it would have
5 to be something of that, where you made -- or, let us get
6 away from leaders of states of one particular political hue
7 or another -- there might be someone who had been a
8 notorious serial killer. You would not have to set out all
9 the facts or even refer to them. There would be a fair bit
10 of reading in of what, as a result of media attention, had
11 become widely well known.
12
13 But my understanding at the moment -- but I say now I would
14 appreciate help on this by way of examples, because
15 I always find them more helpful than just the theory, of
16 the sort of thing of really wide general knowledge.
17
18 MR. RAMPTON: My Lord, I will try and do that in due course.
19 Can I just say now, for present purposes, I do not believe
20 your Lordship should assume that I think it common sense or
21 general knowledge that children are in some way peculiarly
22 susceptible to advertising. I was quite clear about that
23 in cross-examination of Miss Dibb.
24
25 MR. JUSTICE BELL: I anticipated that you would say that.
26
27 MS. STEEL: I would have said that it is obvious that children
28 are impressionable and it is common knowledge. For
29 example, there has been endless debate about whether or not
30 children should have access to videos which are extremely
31 violent, things like that.
32
33 MR. JUSTICE BELL: Just pause for a moment, because if we argue
34 every point as it comes up, we will take a very long time
35 indeed, I am anxious not to do that. What I am trying to
36 get down is just a list, so they can be argued about, if
37 need be, but the main thing, so that I have them in front
38 of mind, as Mr. Hawkes would say, what the actual facts are
39 which you say the fair comment could legitimately rely on.
40
41 I put down susceptibility. My impression at the moment is
42 that if you can rely on susceptibility, it would be, you
43 would say, as a matter of common knowledge, rather than
44 from the leaflet as a whole. I put down both of those.
45 Let me just look. (Pause) I will put pester power,
46 because if one looks at the top of the right-hand column.
47
48 MS. STEEL: Yes. I had not actually got that far yet.
49
50 MR. JUSTICE BELL: Is there something else you want to insert?
51
52 MS. STEEL: Yes, the part about appetite necessity and above
53 all money never entering the innocent world of Ronald
54 McDonald.
55
56 MR. JUSTICE BELL: Yes. Just pause.
57
58 MS. STEEL: You have got the normality trap and the gimmicks
59 already, have you not?
60
