Day 047 - 07 Nov 94 - Page 04
1 kind of regulatory framework for advertising?
2 A. Yes, they all that have some kind of regulatory
3 framework.
4
5 Q. Does that apply both to broadcast advertising and to print
6 and outdoor advertising?
7 A. In some countries, there is one set of codes or rules
8 that applies to all media; in others, as in this country,
9 there are slightly different ones for different media. But
10 everyone has a combination of regulation and
11 self-regulation through codes.
12
13 Q. How, in your opinion, in point of stringency or rigour,
14 does the regulatory framework in this country compare with
15 that of other countries?
16 A. To generalise, it is among the best organised. Whether
17 it is more strong or more liberal in certain respects, that
18 would take a hundred and one different points of detail.
19 But, in general, it is regarded as being one of the best
20 organised and one of first.
21
22 Q. If I may ask this question -- there may not be a single
23 answer but, if there is, please give it to us -- what is
24 the concept or principle which underlies the idea of a
25 regulatory framework?
26 A. The regulatory framework in most countries, I suppose,
27 is designed to set a foundation for decision making and for
28 standards, not to go into the detail. In some countries,
29 they do go into rather a lot of details; in others, they do
30 not.
31
32 In this country, for example, we work with a backstop of
33 European directives which requires that there should be
34 certain statutory structures which uphold the codes; and in
35 this country, that is the Director General of Fair Trading,
36 who has a particular statutory role. But the great
37 majority of the operation of advertising regulation or
38 self-regulation in this country is handled through the
39 organisations you have mentioned: the ITC and the ASA.
40
41 Q. Can I perhaps put it this way: can we safely assume that a
42 common feature of the advertising regulations in these
43 different countries is that advertising should not mislead
44 or deceive the consumer?
45 A. Yes. That is the basis of all. There are other
46 factors, but not to mislead is the major one.
47
48 Q. Do they have another common feature, these regulatory
49 frameworks, that they pay particular attention to the
50 interests of children?
51 A. That is one of the particular areas of attention, but
52 of course there are others.
53
54 Q. Yes, that I understand. You, I believe, have read the
55 leaflet complained of in the Pleadings, so far as they
56 concern your expertise, in this action?
57 A. Yes, I have.
58
59 Q. So you will understand that, in particular, we are
60 concerned with television advertising, advertising in
