European Court rules activists deserved legal aid

The Globe and Mail ^ | 2/15/05 | AP

[doc30]

Brussels — The European Court of Human Rights ruled Tuesday that two vegetarian activists convicted of defaming fast-food giant McDonald's did not receive a fair trial in Britain.

The Strasbourg, France-based court ruled that David Morris and Helen Steel should have received legal aid from the British government. It awarded Mr. Morris €15,000 (about $32,000 Canadian) and Ms. Steel €20,000 ($24,000).

Mr. Morris and Ms. Steel were found guilty of libelling McDonald's in 1997 and were ordered to pay damages of £60,000 for handing out leaflets attacking the company's working practices and policies.

The much-publicized trial, widely known as the McLibel case, lasted 313 court days – the longest in English history.

At a hearing at the European Court in September, lawyers for the pair argued that their clients due process had been violated because English courts did not make legal help available, and that the entire proceedings infringed on their right to freedom of expression.

During the original trial, the two Londoners were unemployed or in low-wage jobs, and at the time, English courts did not provide government lawyers for defendants in libel cases.

Their lawyers also contended that the pair's human rights were violated because English law put the burden of proof upon them to justify every word of the allegations against McDonald's in leaflets they distributed but did not write.

The trial judge ruled in 1997 that the two had slandered U.S.-based McDonald's by distributing leaflets entitled “What's wrong with McDonald's? Everything they don't want you to know.”

The judge found that some statements in the pamphlet – including that the company was to blame for starvation in the Third World or that its food caused cancer – were untrue.

But he also found McDonald's “culpably responsible” for animal cruelty and for exploiting children through its advertising.

An appeal court upheld much of the original judgment in 1999 but reduced the damages awarded.

The activists brought their case to the European court, arguing that their human rights had been violated by England's legal system.

[doc30]

The European Court now has jurisdiction over British courts? According to this, poor activists must get legal aid in Britain in civil cases. The defendants human rights were violated because they had to prove what they said was true? If this is the way of the future for Europe, and possibly here, we are in a lot of trouble. Especially since our Supreme Court Justices use European precidents in their decisions. This means anyone can spout any nonsense without having to defend it - it's free speech. But the libeled, or slandered, must now disprove the allegations? This is nonsense. I wonder what the Brits will do about this?

[Jazzman1]

the EURO lefties just keep digging their hole DEEPER AND DEEPER...lol

[tjwmason]

The European Court now has jurisdiction over British courts?

Ever since the European Communities Act of 1972. The problem is that politicians from left and right have lied opennly about the nature of the E.U.

That said, and whilst I do find the pair concerned rather gruesome; the original action by Macdonalds was a prime example of a big corporation throwing its weight around in a distasteful manner - the libel trial did them far more harm than good.

[tfecw]

the original action by McDonald's was a prime example of a big corporation throwing its weight around in a distasteful manner

so if your are a big corporation you can't defend yourself against blatant propaganda and lies? I don't see anything distasteful about that

[tjwmason]

so if your are a big corporation you can't defend yourself against blatant propaganda and lies?

Of course I said nothing of the sort.

I don't see anything distasteful about that

What was distasteful was the apparent use of a sledge-hammer to crack a nut. As much as anything, the whole trial was a P.R. disaster which merely enhances the view of many that big corporations are beastly people.