ASA Adjudication on MATV (Punjabi)

Ad

A direct response ad in Hindi, for a Ganesh Rudraksh pendant, on MATV stated “To avoid any obstacle in life, for good health, people wear rudraksh. As per Indian Mythology, anybody who wears Ganesh Rudraksh on their body, cannot be affected by bad Omen.” An on-screen graphic showed of a man wearing the pendant. The pendant became bright and glowed. Then, a protective shield appeared around him, protecting him from rays, evil spirits, a skull and crossbones and a poppet doll. “… Rudraksha is a natural plant. Rudraksh of Lord Shiva, and with the blessing of Lord Ganesha, will give the worshipper perfection in every sphere of life: health, wealth [on-screen, a fistful of money was being counted] and happiness; also, it helps those who have lost all the hopes.” A lady shared her experience and said “there was a sudden downfall in business and her father couldn’t take this and had a severe heart attack and died with this shock. Her mother went into depression then one of her American friends advised her to wear Ganesh Rudraksh. Seeing that Rudraksh, she felt so good and positive and had that feeling that Lord Ganesha is blessing her. Being an Indian, she didn’t believe in all this but, after wearing it, she started her business all over again and helped her mother to live happily.” Another lady shared her story and said “her husband lost his job and her mother advised her to wear Ganesh Rudraksh and got his job back.” The presenter explained “Many other stories are shared by many people who have worn Ganesh Rudraksh and seen the difference … There is also scientific reason behind this; it helps in destroying negative energy and building positive energy in you. It helps channelise thoughts and remain focused and increase mental peace and energy [on-screen graphic of a brain that glowed red]. Rudraksh is a centre of positive vibrations; it not only helps conscious mind but also, in your subconscious mind, to think positive [on-screen graphic of a cross section of a man’s head with pulses emitting from the centre]. Because of a concentration of certain chemicals we feel depressed, low, with fear and tension. [On-screen photographs of several people looking worried and holding their head in their hands] Rudraksh helps to increase your concentration; it lightens you up and helps in leading a happy life. There is no need to consult a Pundit; you can wear it any time or any day and anyone can wear it. There is no side effect, Shop24Seven guarantee you with the original Rudraksh.”

Issue

Monitoring staff challenged whether the ad:

1.  promoted an unacceptable product as defined by rules 3.1 (i) (the occult) and 10.3 (The occult, psychic practices and exorcism);

2. exploited the superstitious and the vulnerable.

3. Monitoring staff challenged whether evidence existed to substantiate the testimonials and the claims.

BCAP TV Code

Response

MATV said that Rudraksh was a natural bead that grew only in parts of the Himalayan region of India and Nepal. They explained that a Rudraksh Institute was run by a non-governmental organisation. MATV explained that Rudraksh was treated as part of Lord Shiva, one of the prominent Gods in Hinduism.  They added that it was very sacred to wear Rudraksh, comparable to Christians wearing a cross.  They maintained that, just as it was impossible to prove that a cross would ward off evil, it was similarly impossible for them to give a scientific proof about Rudraksh.  

MATV explained that the mythology had a religious side.  They said Hindus believed that wearing Rudraksh was very sacred and would ward off many ill effects to the human body.  MATV maintained that one well-known fact was that Indira Gandhi, Indias former Prime Minister, wore a full "EK MUKHI RUDRAKSH MALA" all the time and she was shot dead by her security guards the very day she was not wearing it.  

MATV submitted several website pages about Rudraksh.  One page stated that "Rudraksha beads are the holiest items embodied with mystical powers ... Rudraksha beads have been found to improve concentration, focus and mental stamina.  When worn on Malas around the heart area it was found that they reduce and control stress levels, blood pressure and hypertension ... controlled heart beat and had a positive effect on the Blood Pressure, Stress, Anxiety, Depression, Palpitation, and lack of concentration ... regulation of Blood pressure ... Impotence, Sterility, Brain Disorder Schizophrenia, Mood Disorder ... Protection against Accidents and Premature Death, Increases Intelligence, Development of Dispassion, Detachment and Spirit of Renunciation, Protection from the Negative Astrological Influences ... Wealth and Prosperity, Success and Power."  Another website claimed "if it is worn by pregnant ladies it ensures a painless delivery without complications ... one obtains health and one becomes free from diseases ... it helps in diseases pertaining to lungs, heart and blood ... helps women in diseases like hysteria and other mental illness ... rudraksha is helpful in all respiratory diseases if taken with milk in parts form.  This is very helpful in chronic cough and asthma ...".  

Assessment

1. Upheld

The ASA noted that the research "Beyond Entertainment" conducted by the Broadcasting Standards Commission (BSC) and the Independent Television Commission (ITC) into The Acceptability Of Alternative Beliefs, Psychic And Occult Phenomena On Television in 2001 stated "Occult - Finally black magic, Ouija, Satanism, spells and voodoo were clearly classified as Occult by both participants and Experts.  White magic spells were borderline.  Most felt they were harmless and not to be taken seriously, but there was some recognition that they were about influence and, therefore, edging into dubious territory.  The key issues associated with occult were negativity, dark forces, influence and control."    The CAP (Broadcast) TV Advertising Standards Code prohibits advertising for products or services within the recognized character of the occult.  We considered that the ad promoted a good luck charm; we concluded that the ad was for an unacceptable category.

The ad breached CAP (Broadcast) TV Advertising Standards Code rule 3.1 (i) (the occult) and 10. 3 (The occult, psychic practices and exorcism).

2. Upheld

We considered that the claim anybody who wears Ganesh Rudraksh on their body, cannot be affected by bad Omen" exploited the superstitious.  We concluded that the unsubstantiated claims and testimonies exploited vulnerable viewers.  

The ad breached CAP (Broadcast) TV Advertising Standards Code rules 10.4 (Superstition) and 10.13 (Vulnerable viewers).

3. Upheld

We considered that the website pages were inadequate to substantiate the claims and the testimonials.  In the absence of clinically controlled trials prove the efficacy of the product we considered that the claims were misleading.

The ad breached CAP (Broadcast) TV Advertising Standards Code rules 5.1 (Misleading), 5.2.1 (Evidence), 5.4.4 (Testimonials)

Action

The ad must not be shown again in its present form and the product should not be advertised without adequate substantiation for the claims made for it.  

Adjudication of the ASA Council (Broadcast)