Day 044 - 02 Nov 94 - Page 59
1 young boy; there is one with the boy that ended up with a
2 moustache, I think?
3 A. Yes.
4
5 Q. And one with a girl. They were on their own at the counter
6 with the McDonald's sign in the background?
7 A. It was not a real restaurant. I do not think it was
8 set within that perspective, but it was as if they were at
9 a surrealistic McDonald's, yes.
10
11 Q. But it looked like a restaurant; it simulated a restaurant?
12 A. I do not remember exactly, but I do not think you could
13 feel that it was in a restaurant, but it certainly was with
14 our food, yes.
15
16 Q. I am trying to avoid actually having to show any of these
17 again.
18
19 MR. JUSTICE BELL: Put the point that you have in mind in
20 relation to the ad.
21
22 MR. MORRIS: The point is, is that not against your code to show
23 a child on its own in a McDonald's restaurant?
24 A. Yes, if that was clearly outside the restaurant and he
25 was on his own or inside a real restaurant, but this was
26 what I would consider a propped sort of stage effect. It
27 was not meant to convey in any way that they were at a real
28 restaurant. I think there were some props surrounded that
29 you would not find at a regular restaurant.
30
31 Q. Dancing burgers and thick shakes?
32 A. That is correct.
33
34 Q. But a child of three or four that was watching that
35 advertisement, for example, they are not going to be able
36 to tell, are they, the difference between a simulated
37 restaurant and a ----
38 A. I would not be sure -- it looked very fanciful to me.
39
40 Q. Maybe we could just show that one. I am trying to avoid
41 it. What does anyone think?
42
43 MR. JUSTICE BELL: I think the answer is you have brought the
44 point out with the witness and we can -- I do not think it
45 has to be checked. You have put your suggestion.
46 Mr. Green has given his answer and we can, in due course,
47 look at the ad again or you can ask me to take the tape
48 home and look at it again.
49
50 MR. RAMPTON: My Lord, unless there is a question arising in
51 relation to the intent of advertisements, the issue, what
52 impression might a child of whatever age derive from an
53 advertisement, subject to any expert evidence which your
54 Lordship might hear, is a matter for your Lordship
55 entirely.
56
57 MS. STEEL: I would prefer it if this particular ad was shown
58 now.
59
60 MR. JUSTICE BELL: What am I going to gain from it?
