Day 055 - 25 Nov 94 - Page 04
1 believe do take advantage of the natural credulity and
2 sense of loyalty of children.
3
4 This rule has been open to interpretation, and the ITC have
5 chosen to interpret it, I believe, not in the spirit of
6 which I would like to see this rule interpreted.
7
8 Q. So would you say that they are failing in their duty, then,
9 or what?
10 A. Yes. I would like to see the spirit of the Code
11 implemented more strongly.
12
13 Q. When you say "the spirit", as opposed to what -- "spirit of
14 the code should be imposed more fiercely" -- what do they
15 impose, in effect, then?
16 A. Well, it is often said that the letter is imposed as
17 opposed to the spirit but, actually, the reading of this
18 I would say that -----
19
20 MR. JUSTICE BELL: You are not saying the spirit in relation to
21 one; you are saying it does not observe the letter of one,
22 as well?
23 A. Yes. I was going on to say that my interpretation of
24 the reading of this is that it does not implement the
25 letter of point 1.
26
27 MR. MORRIS: Right. Do you want say anything else about point
28 1, or move on to point 2?
29 A. I think point 2 refers here in relation to toys and
30 games.
31
32 MR. JUSTICE BELL: Yes. It has a specific area in mind, has it
33 not?
34 A. Yes. That has not been one of my primary concerns. It
35 may be a concern to others, but my particular interest has
36 not been in advertising toys and games to children, though
37 the introductory sentence that "children's abilities to
38 distinguish between fact and fantasy will vary according to
39 their age and individual personality" I think is also
40 relevant to the general context of food advertising.
41
42 If we look at point 5, direct exhortation, this point
43 states: "Advertisements must not exhort children to
44 purchase or to ask their parents or others to make
45 enquiries or purchases."
46
47 The way this is interpreted currently by the ITC is to
48 ensure that advertisers do not directly ask children. So,
49 for example, they cannot say in an advertisement: "Ask
50 your mummy to buy this for you." Quite rightly,
51 advertisements, in my view, should not do that.
52
53 But, in effect, I think the spirit of this point is not
54 adhered to, in that most of the products, many of the
55 products, that are advertised to children, they cannot
56 reasonably be expected to purchase for themselves. I would
57 include in that going to McDonald's. Children, young
58 children particularly, are unlikely to be allowed to visit
59 McDonald's by themselves and purchase the food, and many
60 children would not have their own money to purchase the
