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

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