Day 054 - 24 Nov 94 - Page 52
1 she was asking why it failed and I said "I can see"
2 assuming what you have written there is accurate.
3 Ms. Steel is asking why the FTC proposed to introduce the
4 ban.
5
6 MS. STEEL: Actually I was not; you were right.
7
8 MR. JUSTICE BELL: I was right. I can see the answer to the
9 question I thought you were asking.
10
11 MS. STEEL: I just thought it might be easier to have it on the
12 record, rather than having it look it up, that is all.
13
14 MR. MORRIS: What do you want to say?
15
16 MR. JUSTICE BELL: The US advertising industry fiercely opposed
17 the proposals and even carried the fight to Washington in
18 the courts before the proposal was dropped by the FTC?
19 A. Yes, they found that even though they wished to
20 introduce them hat they were effectively prevented by other
21 legal measures that were taken.
22
23 MS. STEEL: Were you going on to say why they wanted to bring
24 them in?
25 A. Yes. Part of the reason they wanted to bring it in was
26 on the basis that young children were not fully able to
27 comprehend advertising messages and, therefore, it was
28 unfair for them to be the target of such advertising
29 messages. So, I think there are two issues here. There is
30 one as to whether it is acceptable to advertise to
31 children. It has been deemed in this country that
32 regardless of children's ability to understand advertising,
33 it is acceptable to advertise to them. The separate issue
34 is the influence that that advertising may have. You made
35 the point just now and I would agree with that, that
36 understanding is no defence against influence.
37
38 Q. So there are concerns about advertising, the influence of
39 advertising in general, but particular concerns when young
40 children do not realise at all what the purpose is of the
41 advertisements?
42 A. Yes, but that it is of a different nature that concern;
43 it is not whether it is more or less influential.
44
45 Q. Was there anything further that you wanted to say in
46 relation to children's understanding of advertising?
47 A. Just one further point that links in with children's
48 development of what they think about advertising. It is
49 often said that once children reach the age of about 7 or 8
50 they become more sceptical towards advertising; they are
51 not so positive; they express more negative feelings
52 towards it. This is often interpreted as meaning that,
53 therefore, its influence is likely to be less but, in fact,
54 there is no real evidence to support that; that children
55 may say, like a lot of adults do, that they do not like
56 advertising, that of course it does not affect them, but in
57 fact its influence will be just as great because there is a
58 difference between what we think we often do and what we do
59 in reality.
60