Day 307 - 27 Nov 96 - Page 13
1 stating that it was defamatory. So, apart from that, there
2 are eleven instances where they either say that we were
3 distributing lies or that we were not telling the truth.
4 Obviously, it is in relation to the fact sheet, so it is
5 about numerous false statements about McDonald's.
6
7 MR. JUSTICE BELL: I understand that. There may not be too
8 much trouble about that and the same applies to (b), does
9 it?
10
11 MS. STEEL: Yes, sorry, hold on. Also the numerous false
12 statements is actually specified in the press releases
13 where it says "contains many lies". That was in the third
14 paragraph of the Libel Action Background Briefing, it says
15 "contains many lies", and, also, from the fact that it
16 says that the lies were distributed extensively.
17
18 Now, the Plaintiffs' pleaded meaning in relation to this is
19 that "The Defendants have intentionally or recklessly
20 published or caused to be published or have been party to
21 or procured the publication of numerous false statements
22 about McDonald's."
23
24 Going firstly to "recklessly", there is absolutely nothing
25 in the press releases or the leaflets about recklessness.
26 The word "lies" is used continually and the word "lies"
27 implies a deliberate act, as Mr. Preston stated when he was
28 in the witness box. It is deliberately telling an
29 untruth. It is not recklessness and there is no hint or
30 indication of recklessness in the press releases. It is
31 clear that the intention is set out to say that we were
32 deliberately distributing lies.
33
34 In terms of "caused to be published" or -- I do not know
35 about "being party", but in terms of "caused to be
36 published or procuring the publication of numerous false
37 statements", I think it should be noted that the press
38 releases and leaflet make it quite clear that we are
39 publishing the fact sheet, not causing or procuring it, but
40 that we are personally distributing the leaflet and,
41 therefore, that is the meaning that people would take from
42 the press releases and leaflets. So that is the meaning
43 that McDonald's would have to prove.
44
45 If you look at the 9th paragraph in the Libel Action
46 Background Briefing, it says: "McDonald's has no choice
47 therefore but to take steps to stop these lies, otherwise
48 the group will continue to deceive the public. The group
49 is not incorporated and therefore it was only possible for
50 McDonald's action to be against those individuals who were
51 responsible for distributing the leaflet and who chose to
52 defend it." It is quite clear there that they are saying
53 that we were distributing the leaflet, not that we caused
54 it to be distributed, but that we were distributing it.
55 That is the meaning which an ordinary member of the public
56 would take from that document.
57
58 MR. JUSTICE BELL: As a lawyer, I do not see any difference
59 between publishing, being party to being published,
60 procuring publishing or causing publishing -----
