Helen Steel and David Morris, two environmental campaigners, were sued by McDonalds for their involvement in the production of a leaflet claiming that McDonalds exploited children, that its food was unhealthy and that it was partly to blame for the destruction of the rainforest. Denied legal aid, the two, on income support at the time, were forced to defend themselves in what turned out to be the longest trial in British history. They eventually lost and were ordered to pay McDonalds £70,000 (US $ 132,776) in damages.

The European Court of Human Rights held today that the denial of legal aid constituted a violation of the pair’s right to a fair trial. The Court also held that, while the damages were relatively modest by British standards, because Steel and Morris were on a low income, the amount was disproportionate and violated their right to freedom of expression.

Toby Mendel, Article 19’s Law Programme Director, welcomed the Court’s judgment: “Too often, campaigners and small publishers are bullied by powerful politicians or business entities into withdrawing critical publications. The mere possibility of a libel action, which can cost a small fortune to defend and brings a risk of enormous damage awards, often causes journalists or campaigners to think twice before criticising the powerful. Today’s European Court decision establishes two important principles that help address these problems, requiring legal aid to be available in complex libel cases and placing constraints on excessive damage awards.”

Formally, the judgment only applies to the McLibel case, but the principles which underlie it are applicable to all European States, which should introduce the necessary changes to their national laws.

McDonalds launched their libel action against Steel and Morris in 1990. The proceedings in the English courts lasted nine years and six months, involved more than 100 days of legal argument, and resulted in 20,000 pages of transcripts and the hearing of 130 oral witnesses. When the case was launched, David Morris was an unemployed single parent and Helen Steel a part-time bar-worker earning £65 (US $110) per week. They were assisted, free of charge, by some junior lawyers who were available only for part of their trial.

For more information, contact Toby Mendel, toby@article19.org, +1 902 4313688, or Peter Noorlander, peter@article19.org, +44 20 7239 1195.