Day 292 - 01 Nov 96 - Page 13


     
     1        society, that we are all forced to see advertising images
     2        and we are all forced to hear the views of multinational
     3        corporations and other powerful people one way or the
     4        other, does not mean to say that what they are saying, if
     5        it is not correct or it is not healthy, should not be
     6        criticised.
     7
     8        I did not say that very well.  What I am saying is that the
     9        fact that we expect companies to propagandise about how
    10        great they are and deny their critics, does not mean to say
    11        that it is not deceptive.  The fact it is not illegal ----
    12
    13   MR. JUSTICE BELL:  That is the point, is it not?  Whether you
    14        like it or not, whether I like it or not, it may well be
    15        that any large commercial concern in this country or the
    16        United States, depending on what they all do in selling
    17        themselves, marketing and so on, is going to put the best
    18        honest picture that it can put forward.  That is the
    19        distinction.  I may not be able to be against advertising
    20        or promotion in itself, nor may the ordinary person in the
    21        street may be against it, may not, certainly may not think
    22        it is defamatory to say they promote themselves.  It is the
    23        deception which is defamatory, and that is why I want you
    24        to -- you have not lost sight of it because you have given
    25        me some examples.  That is the distinction, is it not?
    26
    27   MR. MORRIS:   Yes.  I think that advertising is deceptive and
    28        that is the whole purpose of it.  And in the way, for
    29        example, Mr. Oakley deals with the problem of land fill, it
    30        is deceptive, trying to portray that there is no land fill
    31        problem and at the same time saying that in fact it could
    32        even be of benefit.  And all the other things I have said
    33        about this issue.
    34
    35        So basically he admitted that with the exception of those
    36        five Manchester stores, all post consumer waste in the UK
    37        either ends up as environment/index.html">litter or gets dumped in land fill
    38        sites.  He defended McDonald's large usage of packaging,
    39        large quantities of packaging and said that the use of
    40        colourful cartons with company logos was, quote, to put the
    41        brand across directly to the customer, end quote, for
    42        image, brand image.
    43
    44        And this is another very important part of our analysis of
    45        what McDonald's is doing, that they are using the cartons
    46        as part of the McDonald's experience, as part of the
    47        promotion of the company, and in fact, although they would
    48        never admit it, we believe the only conclusion is that the
    49        more environment/index.html">litter everywhere with McDonald's cartons,
    50        recognisably McDonald's cartons, the more promotional
    51        effect it has in terms of keeping themselves at the
    52        forefront of the customers' mind, as they would say, is
    53        what Mr. Fairgrieve said about advertising.
    54
    55        But, in any event, whether the environment/index.html">litter serves that purpose
    56        or not, intentionally or not, it is clear that the
    57        packaging in general does.  And they were talking about how
    58        they could not have it dull, could not have it recycled
    59        polystyrene because it would be dull, it has to be
    60        coloured, which means it cannot be recycled as well.  They

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