Guest guest Posted March 15, 2004 Report Share Posted March 15, 2004 - " McSpotlight " <info <list Monday, March 15, 2004 4:42 PM [McLibel] ASA and VIVA > Dear Viva, > > This ruling by the ASA against VIVA campaign leafletting is a total > outrage. However, it could backfire totally. One way to ensure that > millions more people get to hear about, and read, the leaflet that ASA > is trying to censor is to organise a massive defiance campaign. This > will get tons of publicity, and render unworkable their efforts (as well > as any plans on their part to suppress other public campaigning > literature). This is what happened with the McLibel campaign. We > ourselves will publicise your campaign to all our contacts around the world. > > Meanwhile, as the ASA is so keen to throw its weight around, we await > with bated breath their suppression of the unsolicited stream of food > industry propaganda which is invading all areas of our lives (including > schools) and is contributing to the massive rise in obesity and other > junk-food related diseases. After all, McDonald's, one of the biggest > culprits, even have a High Court ruling against them for 'exploiting > children' with their marketing strategy. But that doesn't seem to bother > the official so-called 'regulatory' bodies like the ASA. > > All credit then to all the campaigners who are exposing and targetting > the companies who care only about exploiting customers, workers, animals > and natural resources in order to make profits for themselves. > > Dave Morris > McLibel campaign > > ------------------- > VIVA! > > Following a recent series of complaints against Viva! registered with > the Advertising Standards Authority (ASA) by an Australian Trade Body, > the ASA reached decisions which we believe constitute a profoundly > serious attack on freedom of speech. It has acted far outside its remit > in order to defend commercial interests and its decision could seriously > limit the campaigning work undertaken by any animal, environmental or > human rights charity or non-profit body. > > The case revolves around Viva!'s campaign against the commercial > slaughter for export of wild kangaroos and the marketing of their skins > and meat by the Kangaroo Industries Association of Australia (KIAA) - > but it has implications for everyone. > > The ASA ruled that Viva!'s campaign literature attacking the slaughter - > which took the form of leaflets which the public could take free of > charge from animal rights/welfare stalls in High Streets across the UK - > constituted advertising. Additionally, it ruled that posters also > constitute advertising, even when displayed on stalls. > > Our first concern is that campaign literature does not fall within the > ASA's remit under its Code of Practice and to have made this judgment it > has calculatedly decided to attack freedom of speech in order to protect > commercial interests. > > I don't want to get too technical at this stage but there were several > findings against the wording of the leaflets but the most outrageous > should worry everyone who campaigns. The ASA said it was untrue for > Viva! to claim that the continued slaughter of the largest and fittest > animals (millions are killed every year) was contrary to natural > selection and had the 'potential for extinction'. This claim was based > on the opinions of reputable Australian wildlife scientists and campaign > groups. The KIAA said it had a monitoring system which would indicate > when populations had fallen to a point when they were at risk, when they > would stop the killing and prevent extinction, therefore our claim was > incorrect. > > This complex scientific argument was resolved by a career bureaucrat > sitting in London, with no scientific knowledge, no knowledge of > wildlife and incapable of reaching an informed judgment. She found > against Viva! simply because she chose to believe the claims of the > KIAA's scientists rather than ours. Essentially we had to disprove their > claim - something which is quite impossible until the animals actually > become extinct - and why we were careful to use the word 'potential' > when referring to extinction. Of course, all across the globe, those who > exploit the natural world claim that they monitor and scientifically > measure the impact of their destruction and it has been a disaster. If > this judgment is allowed to stand, no group will be able to express > their concerns without hedging their words with so much caution that > their literature will be utterly emasculated. > > We believe this case could have been influenced by the fact that Viva! > has already delivered a blow to the KIAA by ending the sale of kangaroo > meat in all the UK's big supermarket chains and is currently campaigning > against kangaroo skin, with the multinational manufacturer Adidas as our > primary target. We have also in the past registered a complaint against > the same bureaucrat who handled this case. Although the judgment might > have been aimed at teaching Viva! a lesson, it has implications for > everyone. > > In the opinion of one of our trustees, Michael Mansfield QC, the ASA > Code of Practice does not cover campaign literature for although it > makes reference to leaflets it is in terms of 'advertisements in > leaflets'. In Mr Mansfield's opinion, the leaflet in question could not > have been seen as containing advertisements, not even for Viva! itself. > It was clearly a campaign leaflet tackling an issue of great public > importance and fell outside the ASA's remit. > > Viva! has already appealed to the ASA that campaign leaflets fall > outside its terms of reference and has been dismissed. There is nowhere > else to go as arbitration will only consider a specific complaint and > not matters of principle. For this reason, we intend to go public, using > Michael Mansfield's preeminent legal standing to focus attention on the > ASA's disturbing censorship of public debate and call upon them to > rescind their decision. This clearly affects every campaign group in the > country and we believe that the more organisations who back our call and > who attach their names to it, the more seriously it will be taken, the > greater the press coverage it will receive and the more likely it is to > succeed. > > Please seriously consider adding your support. If you want a more > detailed explanation of our case I will happily provide it. > > Kind regards > Tony Wardle > Associate Director Viva! > > > ---- the McLibel mailing list ---- > > McDonald's, McLibel, multinationals > http://www.mcspotlight.org > > get on: send blank mail to list- > get off: send blank mail to list- > help: send blank mail to list-help > human: send meaningful email to list-owner > submit: send stuff to list-submit > > --- Outgoing mail is certified Virus Free. Checked by AVG anti-virus system (http://www.grisoft.com). 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