Day 047 - 07 Nov 94 - Page 55


     
     1        interpreted under the loyalty heading.
     2
     3   MR. MORRIS: So it would be pretty unusual if a product managed
     4        to get the loyalty of children to a great extent.
     5        A.  I do not think it is unusual. I think that children
     6        quite often do become attached to a product or service and
     7        like to have it again, if you interpret that as loyalty,
     8        then it is not uncommon. They will have their favourite,
     9        favourite this or their favourite that.
    10
    11   MS. STEEL: Is it about that you should not encourage children to
    12        be loyal to a character as opposed to --  I do not know --
    13        their mother or father, you know, family, friends,
    14        whatever?
    15        A.  I really think this would be a matter of interpretation
    16        by the people responsible for interpreting these rules.
    17        There is no particular reference to loyalty to a character,
    18        so, I can not judge whether that would be the basis on
    19        which it would be interpreted.
    20
    21   Q.   So you do not know what that guideline actually means?
    22        A.  I take it to mean loyalty to other children. Loyalty in
    23        the sense I have described.
    24
    25   MR. MORRIS: It is linked with natural credulity and sense of
    26        loyalty of children. So it seems to imply to me and it,
    27        certainly one interpretation could be that the concern is
    28        that children can be conned in some way through an advert
    29        into being loyal to, what after all is, something which
    30        after all is just a product or it is just an advertisement
    31        but -- .
    32
    33   MR. JUSTICE BELL: You put what you think in this case, if
    34        anything, has fallen foul of that rule. I find it rather
    35        difficult, I must say, to imagine what sort of situation is
    36        envisaged by that part from item one and appeals to loyalty
    37        under item six.
    38        So, put something, if you say McDonalds have transgressed
    39        either of those items, put what you say is the
    40        transgression and then we will all understand what is being
    41        complained about rather than just asking what it means.
    42
    43   MS. STEEL: Well, in relation to the second part, could it be
    44        that the idea that children should not be encouraged to
    45        think that if some character is their friend, then if that
    46        character does something, they should do the same thing or
    47        you know, they should like what that character likes?
    48        A.  I think seriously, I think it would be a matter of
    49        interpretation. I think it is very difficult to answer that
    50        kind of question in generalised terms. It might be so but I 
    51        do not believe that that is the core meaning of the word 
    52        loyalty in this context. 
    53
    54   Q.   You just think it applies to loyalty to other children?
    55        A.  Yes.
    56
    57   Q.   And you say that only -- .
    58
    59   MR. JUSTICE BELL: Just take stock a moment Miss Steel. If at the
    60        end of the day, if you were going to argue to me that

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