Day 047 - 07 Nov 94 - Page 28

     
     1        that all these organisations and others back proposals to
     2        substantially amend that ITC section, would you say that
     3        those organisations represent a very significant and
     4        respected section of the public?
     5        A.  Yes.
     6
     7   Q.   If you look at the Health and Hygiene section that
     8        presently exists, would you say that that adequately
     9        reflects concern over public health and children, in the
    10        light of the Health of the Nation Report and other
    11        concerns?
    12        A.  Bearing in mind that this code is concerned with
    13        advertisements, for which scripts have to be approved in
    14        advance and films have to be approved in advance, I think
    15        there is very little more that one would need to say than
    16        what is said here.
    17
    18        You will recall that the ITC has a statutory power over the
    19        content of advertisements.  It can refuse, or its agents
    20        can refuse a script for a film which transgresses these
         code provisions; and these code provisions, although they
    22        are only five lines, do in fact cover a great deal of
    23        ground and give them a considerable amount of power.
    24
    25        So, to come back to your question, I think that these
    26        probably give an adequate cover -- these and the other
    27        provisions of the code on other subjects -- give an
    28        adequate power to the ITC to deal with any unreasonable
    29        statements and advertisements.
    30
    31   MR. JUSTICE BELL:  Am I going to be actually shown what the
    32        ITC's own proposal for amending this section are?
    33
    34   MR. RAMPTON:  My Lord, I know what it is.  Unfortunately, it is
    35        not in court.  It is likely that this witness can deal with
    36        it in re-examination.  If he cannot, there are others who
    37        can.
    38
    39   MR. JUSTICE BELL: It is just this, that if it is proposed that
    40        in due course I will see what another body or bodies have
         proposed should take the place of section 11, it is of
    42        interest for me to see what the ITC has proposed should
    43        take its place.
    44
    45   MR. RAMPTON:  My Lord, it is my  belief that the ITC produced
    46        their response at the beginning of last month.
    47
    48   MR. JUSTICE BELL:  I am merely registering the point at this
    49        stage.
    50 
    51   MR. RAMPTON:  I have already got that point well in mind, and 
    52        will hope to be able to show your Lordship what the ITC's 
    53        response was to the various representations that were made.
    54
    55   MS. STEEL:  Can I ask why that has not already been done in
    56        examination-in-chief?
    57
    58   MR. RAMPTON:  Because I did not know that Mr. Miles knew about
    59        it.  I do not think it actually has a great deal of
    60        relevance, my Lord.