ASA Adjudication on Pandit Bharathraj Shastri

Ad

An ad on DD-India in Hindi said “Pandit Bharatraj Shastri, palmistry, birth kundali (horoscopes), vastu expert (lifestyle expert), marriage life, marriage of your choice, trouble in business, dissatisfied at work, affect of black magic, family problems, whatever the problem, Pandit Bharatraj Shastri.” On-screen text stated “Palmistry, Horoscope, Face Reading Tel: 07930 xxx xxx” over background graphics of a palm, Lord Ganesh, the moon, the earth and horoscope and face-reading symbols. DD-India added a disclaimer at the end of the ad stating “Rayat Television Enterprises Ltd does not take any responsibility & liability for any advice given, nor does it necessarily subscribes [sic] to its views.”

Issue

Monitoring staff challenged whether the ad:

1.  promoted an unacceptable category as defined by rules 3.1 (i) (the occult) and 10. 3 (The occult, psychic practices and exorcism);

2.  offered a commercial service of individual advice on personal or consumer problems, contrary to rule 3.1 (j).

BCAP TV Code

Response

DD-India withdrew the ad during the investigation.  They explained that they had believed the ad was compliant but having re-read the rules they acknowledged that the ad breached the Code.  They explained that they had seen similar ads on other Asian TV channels and had based their clearance of the Pandit Bharatraj ad on those.  They promised not to broadcast ads for unacceptable products or services in future.

Assessment

The ASA noted this was the second time that Monitoring staff had contacted DD-India about astrology ads.  Monitoring staff had obtained an assurance that DD-India would not broadcast the last ad and we were concerned that DD-India was applying the Code wrongly and relying on other channels clearance.

1. Upheld

The ASA welcomed DD-Indias assurance that the ad had been withdrawn.  The CAP (Broadcast) TV Advertising Standards Code prohibits advertising for products or services within the recognized character of the occult.  Note four of section 10.3, the occult, psychic practices and exorcism, explains that that includes personal astrology readings and palmistry.  We considered that the ad promoted a palm readers services and services to protect from black magic.  We concluded that the ad was for an unacceptable category.

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

2. Upheld

The Code also prohibits (with certain exceptions) commercial services offering advice on personal or consumer problems.  We considered that the services referred to in the ad, "Lifestyle expert, marriage life, marriage of your choice, trouble in business, dissatisfied at work ... family problems", fell within that prohibition.  We concluded that the ad was for an unacceptable category.

The ad breached CAP (Broadcast) TV Advertising Standards Code rule 3.1 (j) (commercial services offering individual advice on personal or consumer problems).

Action

The ad must not be shown again.  

Adjudication of the ASA Council (Broadcast)