Day 300 - 14 Nov 96 - Page 08


     
     1        to adults, but that does not necessarily -- or there is no
     2        reason why that should make any difference, because
     3        I thought part of your point is that adults may be in a
     4        better position to keep it in its proper place.
     5
     6   MS. STEEL:   Yes, but just in terms of it influencing adults'
     7        food choices as well, I think that that is part of the
     8        reason why people sort of say, oh, well -- or you might
     9        say, 'Why do all these people go to McDonald's?', and it is
    10        partly because it has become a familiar place because of
    11        the constant bombardment with advertisements.  Obviously,
    12        you feel more comfortable going to see something, or going
    13        to somewhere that you have got some knowledge about or some
    14        previous experience, even if it is experience through
    15        advertisements.
    16
    17        She referred to the fact that in other countries there were
    18        restrictions on advertisements to children.  For example,
    19        in Holland, confectionery ads were not allowed to be shown
    20        before eight o'clock and in Sweden and Canada no
    21        advertising was allowed to children during children's
    22        programmes, and that until 1992 children could not be used
    23        in food advertisements in France.  That was on day 54,
    24        pages 53 to 55, and it was taken as well from page 29 of
    25        the Advertiser's Dream Book.  She said that the ban in
    26        France was no longer allowed due to an EC directive.
    27
    28        The point of referring to all these restrictions in other
    29        countries is to show that it is not an unreasonable view to
    30        hold, that children should not be subjected to these types
    31        of advertisements, or even that they should not be
    32        subjected to any advertisements at all, because they are
    33        young, impressionable and their emotions and minds are more
    34        easily manipulated than adults, and they should therefore
    35        have protection from companies who are basically just using
    36        them to make their profits.
    37
    38        There are going to be.... Well, there are different
    39        standards held by different people around the world about
    40        what is acceptable in terms of advertising to children,
    41        advertising specific unhealthy food products to children,
    42        advertising gimmicks or collectible toys to children, when
    43        you are in reality trying to sell food.  You know, people
    44        are going to have different views on what should be allowed
    45        and what should not.
    46
    47        Really, I don't think it is for you to decide whose
    48        standard is right, necessarily, but rather are the
    49        standards...  Well, the standard that we believe there
    50        should be, which is that there should not be any
    51        advertising to children at all because of their
    52        vulnerability, is that a standard which a reasonable person
    53        could hold.
    54
    55        I mean, we can argue this anyway, obviously it is a
    56        standard which a reasonable person can hold, but clearly if
    57        -----
    58
    59   MR. JUSTICE BELL:   Well, I do not think that is the point at
    60        all.  I have got to keep reminding myself in this case that

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