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ASA Adjudication on Fun Messages Pty Ltd

Fun Messages Pty Ltd

Address Unknown

Date:

20 August 2008

Media:

Television

Sector:

Leisure

Number of complaints:

1

Complaint Ref:

59683

Ad

A TV ad for a premium rate text message service. A voice-over stated "What’s in a name. It could be everything! Numerologists and psychologists believe names play an important role in relationships and romance. Find out how it could affect you! Love Rating can predict how compatible you are with anyone”.

Issue

The viewer, an academic psychologist, complained that the claim that numerologists and psychologists supported the principles behind the service was untrue and misleading.

BCAP TV Code

 5.1

Response

The ASA was unable to unable to obtain contact details for Fun Messages Pty or its agency, which was in Australia.

Clearcast said it was clear the service was for entertainment only and the claim was therefore unlikely to be interpreted as scientific fact.

Assessment

Upheld

The ASA noted Clearcasts view that it was clear the service was for entertainment purposes only.  We considered, however, that viewers would infer that the claim had some basis.  Because no evidence was provided to substantiate the claim that numerologists and psychologists supported the principles behind the service, we concluded that the claim was likely to mislead viewers.

The ad breached CAP (Broadcast) TV Advertising Standards Code rule 5.1 (Misleading advertising)

Action

The ad must not be broadcast again in its current form.

Adjudication of the ASA Council (Broadcast)

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