Day 050 - 10 Nov 94 - Page 13

     
     1        effectively in the view of the vast majority of people.
     2
     3   Q.   There is something that crosses my mind.  You said before
     4        that if somebody does not so much transgress the actual
     5        letter of the guidelines, but goes pretty close to it, then
     6        that would be a matter for possible action; is that
     7        correct?
     8        A.  Yes.  The ITC might take a view -- for example, a
     9        typical adjudication by the ITC is to say:  "This complaint
    10        was not upheld", in which case the commercial would have to
    11        have been taken off air immediately, "but guidance was
    12        given for the future", meaning:  "You are treading on
    13        tricky ground.  Make sure that next time you produce a film
    14        you do not go any further."
    15
    16   Q.   Say, for example -- I am trying to think of an example --
    17        an advert for -- you do specify specifically in your
    18        misleadingness a toy racing car, that there must be no
    19        confusion as to the noise produced by a toy, e.g. a toy
    20        racing car and its real life counterpart; yes?
         A.  Yes.
    22
    23   Q.   That is one of the most specific things actually in the
    24        codes, is it not, in terms of a particular example in an
    25        ad; yes?  If there was a toy racing car or a number of toy
    26        racing cars, and the sound that was emanating from the
    27        screen was very, very realistic -- sorry, this is point
    28        3(b), under "Misleadingness"?
    29        A.  In the ITC Code?
    30
    31   Q.   In the ITC Code, sorry, yes.  3(b); yes?
    32        A.  Yes.
    33
    34   Q.   "There must be no confusion as to the noise produced by the
    35        toy, e.g. a toy racing car, and its real life counterpart"?
    36        A.  Yes.
    37
    38   MR. MORRIS:   If somebody was selling toy cars and they were
    39        making a very realistic noise, which is actually to confuse
    40        the child, yes, and -----
    41
    42   MR. JUSTICE BELL:  Where are you going to with Mr. Miles?  It
    43        sounds to me as if it is something you ought to be
    44        addressing to me, rather than to the witness.
    45
    46   MR. MORRIS:  If an advertisement showed the sounds made by cars
    47        in a rally or something, a motor cross rally or something,
    48        and it was a very realistic sound, and it was found out it
    49        was children's voices making that sound, or something like
    50        that, or by some other special effects from the BBC 
    51        archives, or whatever, would that be transgressing, would 
    52        that be getting around that particular -- would that mean 
    53        that advert would still be allowed to be shown, or would
    54        that be basically cocking a snook at the guidelines?
    55        A.  I think the key word there is "confusion".  You said
    56        they would be setting out to confuse the child.  That, I am
    57        afraid, is not the interpretation I place on it.  I think
    58        it is unlikely that somebody would include a noise in a
    59        commercial to confuse the child.  It is the outcome,
    60        whether intended or not.  If the ITC consider that the way