Fast Food Nation - Eric Schlosser [139]
The libel laws in Great Britain are far more unfavorable to a defendant than those in the United States. Under American law, an accuser must prove that the allegations at the heart of a libel case are not only false and defamatory, but also have been recklessly, negligently, or deliberately spread. Under British law, the burden of proof is on the defendant. Allegations that may harm someone’s reputation are presumed to be false. Moreover, the defendant in a British court has to use primary sources, such as firsthand witnesses and official documents, to prove the accuracy of a published statement. Secondary sources, including peer-reviewed articles in scientific journals, are deemed inadmissible as evidence. And the defendant’s intentions are irrelevant — British libel case can be lost because of a truly innocent mistake.
The McDonald’s Corporation had for years taken advantage of British libel laws to silence its critics. During the 1980s alone, McDonald’s threatened to sue at last fifty British publications and organizations, including Channel 4, the Sunday Times, the Guardian, student publications, a vegetarian society, and a Scottish youth theater group. The tactic worked, prompting retractions and apologies. The cost of losing a libel case, in both legal fees and damages, could be huge.
The London Greenpeace activists being sued by McDonald’s had not written the leaflet in question; they had merely handed it to people. Nevertheless, their behavior could be ruled libelous. Fearing the potential monetary costs, three of the activists reluctantly appeared in court and apologized to McDonald’s. The other two decided to fight.
Helen Steel was a twenty-five-year-old gardener, minibus driver, and bartender who’d been drawn to London Greenpeace by her devotion to vegetarianism and animal rights. Dave Morris was a thirty-six-year-old single father, a former postal worker interested in labor issues and the power of multinational corporations. The two friends seemed to stand little chance in court against the world’s largest fast food chain. Steel had left school at seventeen, Morris at eighteen; and neither could afford a lawyer. McDonald’s, on the other hand, could afford armies of attorneys and had annual revenues at the time of about $18 billion. Morris and Steel were denied legal aid and forced to defend themselves in front of a judge, instead of a jury. But with some help from the secretary of the Haldane Society of Socialist Lawyers, the pair turned the “McLibel case” into the longest trial in British history and a public relations disaster for McDonald’s.
The McDonald’s Corporation had never expected the case to reach the courtroom. The burden on the defendants was enormous: Morris and Steel had to assemble witnesses and official documents to support the broad assertions in the leaflet. The pair proved to be indefatigable researchers, aided by the McLibel Support Campaign, an international network of activists. By the end of the trial, the court record included 40,000 pages of documents and witness statements, as well as 18,000 pages of transcripts.
McDonald’s had made a huge tactical error by asserting that everything in the leaflet was libelous — not only the more extreme claims (“McDonald’s and Burger King are… using lethal poisons to destroy vast areas of Central American rainforest”), but also the more innocuous ones (“a diet high in fat, sugar, animal products, and salt… is linked with cancers of the breast and bowel, and heart disease”). The blunder allowed Steel and Morris to turn the tables, putting McDonald’s on trial and forcing a public examination of the chain’s labor, marketing, environmental, nutrition, food safety, and animal welfare policies. Some of the chain’s top executives were forced to appear on the stand and endure