Hubbry Logo
search
logo

McLibel case

logo
Community Hub0 Subscribers
Write something...
Be the first to start a discussion here.
Be the first to start a discussion here.
See all
McLibel case

McDonald's Corporation v Steel & Morris [1997] EWHC 366 (QB), known as "the McLibel case", was an English lawsuit for libel filed by McDonald's Corporation against environmental activists Helen Steel and David Morris (often referred to as "The McLibel Two") over a factsheet critical of the company. Each of two hearings in English courts found some of the leaflet's contested claims to be libellous and others to be true.

The original case lasted nearly ten years which, according to the BBC and The Guardian, made it the longest-running trial in English history. McDonald's announced it did not plan to collect the £40,000 it was awarded by the courts. Following the decision, the European Court of Human Rights (ECHR) ruled in Steel & Morris v United Kingdom that the pair had been denied a fair trial, in breach of Article 6 of the European Convention on Human Rights (right to a fair trial), and their conduct should have been protected by Article 10 of the Convention, which protects the right to freedom of expression. The court awarded a judgment of £57,000 against the UK government. McDonald's itself was not involved in, or a party to, this action, as applications to the ECHR are independent cases filed against the relevant state.

Franny Armstrong and Ken Loach made a documentary film, McLibel, about the case.

Helen Steel and David Morris were two environmental activists of London Greenpeace, a small environmental campaigning group that existed between 1972 and 2001. In 1986 they distributed "a few hundred copies" of a six-page leaflet titled "What's wrong with McDonald's: everything they don't want you to know" in Strand, London. The leaflet accused the company of paying low wages, cruelty to animals used in its products, damaging the environment, and other malpractices. The group were not affiliated with the larger Greenpeace International organisation, which they declined to join as they saw it as too "centralised and mainstream".

In 1990, McDonald's brought libel proceedings against five London Greenpeace supporters, Paul Gravett, Andrew Clarke and Jonathan O'Farrell, as well as Steel and Morris, for distributing the sheet on the streets of London. This case followed past instances in which McDonald's threatened to sue more than fifty organisations for libel, including Channel 4 television and several major publications. In all such cases, the media outlets settled and apologised.

Under English defamation law at the time, the defendant had to show that each disparaging statement made was substantively true. This could be an expensive and time-consuming process. Gravett, Clarke and O'Farrell apologised as requested by McDonald's, but Steel and Morris chose to defend the case.

The two were denied legal aid, as was policy for libel cases, despite having limited income. Thus, they had to represent themselves, though they received significant pro bono assistance, including from Keir Starmer. Steel and Morris called 180 witnesses, seeking to prove their assertions about food poisoning, unpaid overtime, misleading claims about how much McDonald's recycled, and "corporate spies sent to infiltrate the ranks of London Greenpeace". McDonald's spent several million pounds, while Steel and Morris spent £30,000; this disparity in funds meant Steel and Morris were not able to call all the witnesses they wanted, especially witnesses from South America who were intended to support their claims about McDonald's activities in that continent's rainforests.

In its libel allegation, McDonald's asserted all claims in the pamphlet to be false. They found it difficult to support this position despite the indirectness of some of the claims. The case eventually became a media circus. McDonald's executives, including Ray Cesca, entered the witness box, enabling cross-examination by the defendants.

See all
User Avatar
No comments yet.