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
