ASA Adjudication on DM Digital Television Ltd
DM Digital Television Ltd
57–63 Cheetham Hill Road
Manchester
M4 4ET
Date:
15 February 2012
Media:
Television
Sector:
Leisure
Number of complaints:
1
Complaint Ref:
A11-167626
Ad
A TV ad in Urdu, for Islamic "Taweez" lockets, stated "DM Digital Global Network is presenting an Islamic locket, which consists of ninety nine sacred names of Allah Almighty and these sacred names has [sic] been recited with specific numbers. Wearing this locket, you can constantly increase blessings, call right now and book your locket today ... ".
The ad also stated "... Any incurable patient who recites the name of Allah excessively and prays for recovery will be restored completely ..."; " ... childless women use this sacred name ... will be awarded with a baby ..."; "... a person who eat four bites of bread for forty days after reciting this name ... will be save of problems of appetite, thirst, wounds and pain ..."; "... recite this name excessively over the water at the time of break and drink it, Inshaa Allah (Allah willing), syndrome will cured ..."; "... a woman unable to feed his [sic] baby, recite Ya-Matin over water and give her, Inshaa Allah... will have plenty of milk ..."; "... an ill person who recite Ya-Muhyiy excessively or recite it on other sick person will Inshaa Allah ... be better ..."; "... a person who recite Ya-Hayy three thousand times daily will Inshaa Allah ... never get ill ... A person who will write this name with camphor and rose ... will be restored completely ..."; "... a person who daily recite Ya-Ghaniy seventy times, Allah will increase his wealth, and he will not be dependent of [sic] anyone …”; “…A person having any internal or external infection or disease, recite Ya-Ghaniy all over his organs and body, s/he will Inshaa Allah be restored to health ..."; "... A person who recite [sic] this name excessively, all of his problems and troubles will Inshaa Allah ... be solved and money and children will be good ..."; "... A person who have any income problems, or any other distress, grief, or sorrow, recite this name forty one times daily, will Inshaa Allah ... be free from all these problems ..."; " ... A person having disobedient wife or children held his/her forehead and recite Ya-Shahid twenty one times, Inshaa Allah ... s/he will become obedient ..."; "... The person who recite Ya-haqq on all four corners of a square paper, raise upwards placing it on the palm, and pray, Inshaa Allah ... misplaced person or article will be found and will stay save from loss ... Call now and buy your locket ..."; "... If anyone place a hand over the belly of pregnant woman and recite Ya-Mubdi ninety-nine times, Inshaa Allah ... her pregnancy will neither waste ... nor a premature birth ..."; "... A person who recite Ya-Ar-Ra'uf excessively will Inshaa Allah ... be kind to and have kindness of people...".
The ad included other statements which indicated that reciting the names of Allah and performing prescribed actions would produce results for the user of the locket. Throughout the ad, text stating "This locket is not for medical purposes" scrolled along the bottom of the screen.
Issue
1. A viewer challenged whether the claims that wearing the locket would positively affect the wearer in multiple ways were misleading.
2. The ASA challenged whether the claims that wearing the locket provided health benefits for wearers and those they knew, particularly sick or "incurable" patients, were irresponsible, because they could discourage consumers from taking appropriate medical advice.
BCAP Code
Response
1. & 2. DM Digital TV Ltd (DM Digital) said the ad was a teleshopping feature shown during the month of Ramadan to promote religious faith, via the recital of 99 names of Allah. They said the various lockets with the difference names of Allah were worn by those who believed in the Islamic faith, in order to receive blessings as described in the Holy Quran and that those who regularly prayed and recited the specific 99 different names of Allah, during Ramadan, could expect to receive rewards. They also said the ad was not intended to be educational or to be construed as medical advice, and that it was for entertainment purposes only. They said this was made clear by the on-screen text throughout the feature which stated "this programme does not give any medical advice. Please seek your GPs advice before any treatment. This is a teleshopping presentation and entertainment feature brought to you by DM Digital Television".
They said they did not believe the content of the ad to be misleading to the point where any viewer would understand that, if they recited the 99 names of Allah, as indicated in the ad, they would be cured of their problems. They said the feature was intended to promote divine faith and was based on unseen beliefs. They also said it was intended to provide the colloquial meanings of the 99 names of Allah, as a follower of Islam would perceive them, and was not intended to be interpreted literally. They acknowledged that specific events could not be guaranteed by wearing a locket with sacred names inside and said, for that reason, they would not be airing the ad again.
Assessment
1. Upheld
The ASA noted the ad was shown during the month of Ramadan in 2011 and had not been shown since. We noted DM Digital said the feature was not intend to be construed literally by viewers. However, we were concerned that, while the ad made claims that the locket and act of reciting would provide many benefits, we had not seen evidence relating to those claims. We considered that the ad was therefore likely to mislead viewers into believing that wearing the locket would positively affect the wearer.
On this point the ad breached BCAP Code (Edition 12) rules 3.1 (Misleading advertising) and 3.12 (Exaggeration).
2. Upheld
We acknowledged the ad contained on-screen text which indicated that the programme did not give medical advice. However, we were concerned that the main text of the ad stated that people with infections or diseases would be restored to health. Because of the nature of the claims made, we considered that the ad was socially irresponsible and, furthermore, could discourage people, particularly those who were vulnerable, from seeking essential medical treatment.
On this point the ad breached BCAP Code (Edition 12) rules 1.2 (Social responsibility), 3.1 (Misleading advertising), 3.12 (Exaggeration) and 11.3 (Medicines, Medical Devices, Treatments and Health).
Action
The ad must not be broadcast again in its current form.
