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?

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