Day 050 - 10 Nov 94 - Page 04

     
     1        When we have finished Mr. Miles, we will take stock and, if
     2        there is still any doubt about it, I will have sufficient
     3        of a break for you and/or Mr. Morris to speak to
     4        Miss Dibb.  Just put that completely on one side at the
     5        moment and concentrate on Mr. Miles.
     6
     7                   KENNETH NORMAN MILES, recalled
     8             Cross-Examined by the Defendants, continued.
     9
    10   MR. MORRIS:    On the ITC Code -- I do not know if you should
    11        get this bundle.  You might as well get this bundle out --
    12        pink volume VII, Advertising.  In the first tab 1, the
    13        previous code before 1993 is the first document.  Do you
    14        know the date of that first one, when that would have been
    15        in operation?
    16        A.  I am afraid I am not sure which one you are referring
    17        to.
    18
    19   MR. MORRIS:   In tab 1, the first document.
    20
    MR. JUSTICE BELL:  After divider 1.
    22        A.  That is the ITV Association Notes of Guidance, as
    23        I have it here.
    24
    25   MR. MORRIS:  I see.  So is that current with the May 1993 ITC?
    26        A.  Yes, I think so, though I cannot be sure it is
    27        completely up to date, but I think that is so.
    28
    29   Q.   I did note that it is a slightly different code from the
    30        ITC Code.  If you look at page 9.  At the bottom of each
    31        page it is numbered.  It is page 9 in the actual bundle.
    32        It is not the internal page; it is the bundle page, at the
    33        very bottom of the page.
    34        A.  Yes.
    35
    36   Q.   There is a section called "Hygiene"; yes?
    37        A.  Yes.
    38
    39   Q.   I just thought this was pre-dating the Health and Hygiene,
    40        section 11 in the ITC, May 1993.  But you are saying it is
         current?
    42        A.  Yes.  If I may just go back over ground which may have
    43        been covered before:  the ITC (formerly the IBA) produces
    44        its code, and the ITV Association (now the BACC) produces
    45        amplification of that, to help advertising agencies and
    46        advertisers to understand what interpretations may be
    47        made.  So this does not have quite the force of the code,
    48        but it is guidance notes.  Therefore, it goes into detail
    49        in a way that the code, itself, does not.
    50 
    51   Q.   Maybe we will leave that, then.  Thank you for explaining 
    52        that. 
    53
    54        In terms of complaints to the ASA and ITC, when you said
    55        before about complaints, were you talking about both those
    56        or just the ITC?
    57        A.  I am afraid I do not remember the exact context in
    58        which we spoke, but I am happy to talk about either.
    59
    60   Q.   Are these bodies and their complaints procedures widely