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.
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".
[14] In June 1995 McDonald's offered to settle the case (which "was coming up to its [tenth] anniversary in court"[15]) by donating a large sum of money to a charity chosen by the two.
Steel and Morris wrote a letter in response saying they would agree to the terms if McDonald's ceased advertising its products and instead only recommended the restaurant privately to friends.
In September 1998, the pair sued the Metropolitan Police for disclosing confidential information to investigators hired by McDonald's and received £10,000 and an apology for the disclosure.
McDonald's were represented by libel lawyer Richard Rampton,[22] and a junior barrister, Timothy Atkinson,[23] and Ms Pattie Brinley-Codd of Barlow, Lyde & Gilbert.
Steel and Morris announced their intention to appeal over these and other points to the House of Lords, and then take the UK government to the European Court of Human Rights if necessary.
In response to the verdict, David Pannick said in The Times: "The McLibel case has achieved what many lawyers thought impossible: to lower further the reputation of our law of defamation in the minds of all right thinking people.
Lawyers for Steel and Morris argued that the lack of legal aid had breached the pair's right to freedom of expression and to a fair trial.
In their ruling, the ECHR criticised the way in which UK laws had failed to protect the public right to criticise corporations whose business practices affect people's lives and the environment (which violates Article 10); they also ruled that the trial was biased because of the defendants' comparative lack of resources and what they believed were complex and oppressive UK libel laws.
In particular the Court held: in a democratic society even small and informal campaign groups, such as London Greenpeace, must be able to carry on their activities effectively and that there exists a strong public interest in enabling such groups and individuals outside the mainstream to contribute to the public debate by disseminating information and ideas on matters of general public interest such as health and the environment.The safeguard afforded by Article 10 to journalists in relation to reporting on issues of general interest is subject to the proviso that they act in good faith in order to provide accurate and reliable information in accordance with the ethics of journalism ..., and the same principle must apply to others who engage in public debate.It is true that large public companies inevitably and knowingly lay themselves open to close scrutiny of their acts and, as in the case of the businessmen and women who manage them, the limits of acceptable criticism are wider in the case of such companies.In response to the European Court of Human Rights' decision, Steel and Morris issued the following press release: Having largely beaten McDonald's ... we have now exposed the notoriously oppressive and unfair UK laws.
We hope that this will result in greater public scrutiny and criticism of powerful organisations whose practices have a detrimental effect on society and the environment.
The McLibel campaign has already proved that determined and widespread grass roots protests and defiance can undermine those who try to silence their critics, and also render oppressive laws unworkable.
The continually growing opposition to McDonald's and all it stands for is a vindication of all the efforts of those around the world who have been exposing and challenging the corporation's business practices.
[6][36] Chapter 5 of Paul Lewis and Rob Evans' 2012 book Undercover: The True Story of Britain's Secret Police is titled "McSpies".
It also features interviews with Eric Schlosser (author of the 2001 book Fast Food Nation), Morgan Spurlock (writer/director of the 2004 film Super Size Me), Keir Starmer (who provided free legal support to the McLibel defendants for many years) and Howard Lyman who appeared on The Oprah Winfrey Show about Mad Cow disease.