Day 042 - 31 Oct 94 - Page 32
1 make. So, therefore, within the whole play arena -- and
2 you can see this in toy commercials -- it is allowed to
3 have children pretending to make the sounds that those cars
4 would make. It is a normal part of advertising practice in
5 this country, and we adhere to that.
6
7 MR. MORRIS: As far as we can see, the code -- it would be
8 helpful if we got this code out, really.
9
10 MS. STEEL: Pink bundle VII.
11
12 MR. MORRIS: Pink bundle VII, tab 1, appendix 1, page 5. This
13 is the IBA code. Is that what governs the Advertising
14 Standard Authority's?
15 A. It has since changed to the ITC, but I am not sure if
16 the code has changed or not.
17
18 Q. I have a document, the ITC Codes, May 1993. That is more
19 up-to-date.
20 A. Probably.
21
22 MR. MORRIS: I can give a copy to the court, but that was an
23 old ad, anyway.
24
25 MR. JUSTICE BELL: Yes. If you are suggesting there was a
26 breach of any code, then, in the first instance anyway, we
27 ought to be looking at the code in force at the time of the
28 advertisement.
29
30 MS. STEEL: The ones in the bundle are actually undated.
31
32 MR. MORRIS: If we look at the child audience paragraph at the
33 top -- well, we might as well read it out. From midway
34 through the first sentence:
35
36 "....no method of advertising may be employed which
37 takes advantage of the natural credulity and sense of
38 loyalty of children. Children's ability to distinguish
39 between fact and fantasy will vary according to their age
40 and individual personality. With this in mind, no
41 unreasonable expectation of performance of toys and games
42 must be simulated by the excessive use of imaginary
43 backgrounds or special effects."
44
45 In the ITC Code which -- it is roughly the same. It may be
46 a good time to give this out. We only got it copied
47 yesterday. I think the words are identical. So far as
48 I can see, it is identical. That is the up-to-date code of
49 last year. It is the ITC Codes of Advertising Standards
50 and Practice, May 1993, which I presume is current.
51 Unless the Plaintiffs disagree, let us assume it is the
52 same wording.
53
54 MR. JUSTICE BELL: Well, it says, under "Misleadingness":
55
56 "2. .....no unreasonable expectation of performance of
57 toys and games may be stimulated by, for example, the
58 excessive use of imaginary backgrounds or special effects."
59
60
