I just finished reading this facinating book about (what became known as) the "McLibel" case which was written (while on sabatical) by John Vidal (Environment Editor at the Guardian)...a thoroughly good read, I won't spoil the end of the story (if you don't already know the outcome) but it is about what happened when McDonalds (a massive, multinational, super rich corporation) decided to sue a couple of unemployed people who handed out a leaflet (which they had no involvement in writing) entitled "What is wrong with McDonalds".
Now, I didn't know much about Libel law before reading this book (and so, rightly or wrongly, I am going to assume you have a similar level of understanding) but did you realise that those two poor souls, being the "defamators", bore the burden of proof? In essence - it was up to them to prove that vague statements someone else had written (like "McDonalds is responsible for destroying rainforest in order to create grazing land for beef herds")...they had to find experts to come before the court, nothing previously written (not even in a scientific journal) was admissable, and the judge is bound to proceed from a state of absolute lack of knowledge or bias, he can make absolutely no assumption about what, say, "a rainforest" is...this must all be defined by expert testimony, argued and proved beyond reasonable doubt...
Consider also -
- McDonalds hired private detectives to infiltrate the protesters group (one of whom went as far as sleeping with a member in order to establish credibility)
- They hired the top libel lawer in England and put behind him a crack team of researchers and assistants - the defendants had to defend themselves
- The Judge dismissed the defendants right to legal aid (as did the EU court of appeal), McDonalds effectively allocated an infinite budget, the defendents only just had enough money to pay for their witnesses bus fare and hire a photocopier
- The Judge dismissed the defendants right to a trial by jury
- One of the defendants was a single parent
- That this case went on to become the single longest trial in English legal history
Great, great story...raises some really interesting questions, not least, in my mind about whether William Gibson's view of a future largely ruled by massive mega-corporations (housed in huge "Arcologies", like a city within an office block (think Logans Run) - multi-Noah's ark-like oases, filed with salary-men and associated family members, separated by ancient, sadly un-abandoned city-slums from the former city/country based borders...these Corporations employing their own armies, their own secret service agents and (as seems to be nastily likely to happen) answering to no-one) is actually going to come to pass...
Did you know, for example, that the General Motor company has a greater GDP than many whole nation states including Saudi Arabia, Poland, Thailand and the entirity of South Africa? Were you aware the Shell corporation now owns more land than 146 (of the offically, globally recognised) countries in the World?
Interesting facts eh?
Anyway, excellent book...have a go... ;)
1 comment:
My pleasure! ;)
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