Day 042 - 31 Oct 94 - Page 33


     
     1             That is just by way of example.  The thrust is the
     2        same as the IBA one we have just looked at, is it?
     3
     4   THE WITNESS:  I believe so.
     5
     6   MR. MORRIS:   There were quite a lot of special effects in that
     7        last ad, were there not?
     8        A.  Actually, I would say there was not.
     9
    10   Q.   They were all moving under their own steam, going around in
    11        circles?
    12        A.  They did do that.  Those cars did have a little motor
    13        inside.  They actually went under their own steam, and they
    14        actually did do whirlies and move on.
    15
    16   Q.   Those were being simulated, were they not, those movements?
    17        A.  They are exactly what those cars could do.
    18
    19   Q.   Those movements on the screen, somebody just pulled the car
    20        back and just let it go, and then you filmed it, or did you
    21        actually----
    22        A.  I was not there for the filming.  But what you are not
    23        allowed to do in the advertising is, through use of any
    24        trickery, purport that those toys can do something they
    25        cannot do; and those toys could actually do those things.
    26
    27   Q.   What you are saying is that the noise, although -- is it
    28        not the fact -- that sounds virtually identical to our,
    29        say, Grand Prix sounds would be, it is done by children's
    30        voices and, therefore, that is okay?
    31        A.  I do not think you will find it sounds identical.
    32
    33   MR. JUSTICE BELL:  I have to say that it did not occur to me
    34        that they were children's voices when I heard it.  If I had
    35        been more observant, I suppose I would have seen the little
    36        boy making raspberry movements with his lips, or something,
    37        before it had started.  But it did not occur to me that it
    38        was children's voices making the noises.
    39        A.  That, my Lord, is all part of what this code says you
    40        should do.  Within the advertising, through the raspberry,
    41        etcetera, of the lips, and through the sound, you should
    42        not be unrealistic -- I forget the actual words -- in terms
    43        of how much background you put in this.  It would actually
    44        be a lot simpler for us just to just record a soundtrack.
    45
    46   MR. MORRIS:  You would not be allowed to, would you?
    47        A.  Of course we would not be allowed to.
    48
    49   Q.   That is right. If you look further down page 5, 7(b), it
    50        says: 
    51 
    52             "There must be no confusion as to the noise produced 
    53        by the toy, e.g. a toy racing car and its real-life
    54        counterpart."
    55
    56             Would you not say that was confusing?
    57        A.  I did not, and nor did the people who make these rules.
    58
    59   Q.   Just regarding the confusion of noise produced by a toy
    60        racing car and its real-life counterpart, which seems to be

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