Day 050 - 10 Nov 94 - Page 05


     
     1        understood by the public, in your experience?
     2        A.  I cannot say whether they are widely understood by the
     3        public, but they have been in existence for many years.
     4        They have been scrutinised fairly closely.  Certainly in
     5        the case of the ASA, they are set out fairly well in the
     6        code, the British Code of Advertising Practice, which the
     7        ASA implements.
     8
     9        So, I think the answer is that they should be reasonably
    10        well understood, though of course somebody making a
    11        complaint for the first time would not necessarily know
    12        exactly how the system worked.
    13
    14   Q.   If I was to say to you that I had never personally heard of
    15        the ITC complaints body, myself, but I had heard of the
    16        ASA?
    17        A.  Yes.
    18
    19   Q.   I believe, is it not a fact, that the ASA have actually
    20        advertised their existence?
    21        A.  Oh, yes.  They have a lot of advertising space, some of
    22        which they pay for and much of which is donated by the
    23        media for no charge, advertising the fact and a very simple
    24        explanation of work of the ASA.  But I should point out
    25        that the ITC has also advertised the fact that people can
    26        complain.
    27
    28   Q.   Is that on television?
    29        A.  Yes, on television -- a number of times over the years.
    30          They do not do it all the time, but from time to time
    31        when it is an appropriate period -- January, for example --
    32        they will have free space donated for their own campaign.
    33
    34        Many of the complaints which the ASA receive do, in fact,
    35        refer to television, and they pass them on to the ITC; and
    36        all of us regard that as an acceptable arrangement.  If
    37        individual consumers are not entirely clear to whom they
    38        should complain, and complain to the ASA, that is all
    39        right; the complaint will get picked up by the right
    40        person.
    41
    42   Q.   Just while I am on the ASA, the CAP is the body that
    43        advises the ASA; is that correct?
    44        A.  Yes.
    45
    46   Q.   That is an industry body; is that correct?
    47        A.  Yes, it is.
    48
    49   Q.   So it is what you might call "self-regulating"?
    50        A.  That is correct. 
    51 
    52   Q.   An industry body, rather than a body that is made up of a 
    53        wider cross section of consumer advocates, or ---
    54        A.  That is correct.
    55
    56   Q.   But the ITC complaints are dealt with by a broader body; is
    57        that correct?
    58        A.  Not really correct.  The British Code of Advertising
    59        Practice that is drawn up, which the ASA implements, is
    60        drawn up by industry representatives, hence it is clearly

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