ASA Adjudication on Pundit Maharaj

Ad

An ad in Hindi aired on B4U Movies for Pundit Maharaj. The voice-over said "Pundit Maharaj please call 07974 XXXXX or log on to www.punditjimaharaj.com ." The ad featured a frame of zodiac signs and a graphic of a palm moving on-screen from left to right. B4U Movies broadcast a disclaimer before and after the ad; it stated “This advertisement is for Astrology/Horoscope reading services categorised as General Entertainment. B4U or its group of companies shall not be responsible for any claims with regards to any of the services offered by the advertiser."

Issue

Monitoring staff challenged:

1. whether the ad indirectly promoted unacceptable products;

2.  whether the ad was for a personalised horoscope service;

3.  the acceptability of broadcasting the ad after an ASA adjudication had upheld a challenge about an almost identical ad.

BCAP TV Code

Response

1., 2. & 3.  B4U Movies initially stated that they had asked Pundit Maharaj to remove all references in the ad to providing individual advice on personal problems.  B4U Movies claimed that Pundit Maharaj had assured them that he would offer only a general entertainment-style horoscope-reading service.  They had ensured that the ad featured only graphics of a palm and the signs of the zodiac and they believed the disclaimer ensured the public would realise the ad was for a general entertainment horoscope reading service only.  They added that they had stopped broadcasting the ad as soon as they were contacted by Monitoring staff.

In a subsequent response, B4U Movies said they had broadcast the wrong version of the ad; the right version should not have included the website address.  They added that they had removed the references to solving financial or family problems and so they believed that the ad complied with earlier adjudications on the subject.  They added that Pundit Maharaj had told them he did not provide an illegal service or one that breached the BCAP Codes.

Assessment

1. Upheld

The ASA noted B4Us explanation that the ad had been aired in error.  We were nevertheless concerned that the ad seemed to have been shown from September to January without anyone noticing that the wrong version was being broadcast.  

We noted the website that featured in the ads stated Pundit Maharaj offered help with "ALL YOUR PROBLEMS ... For example BUSINESS and FINANCIAL PROBLEMS, CAREER, DEPRESSION, SEPARATED from the PERSON you LOVE, DOMESTIC PROBLEMS regarding HUSBAND & WIFE or CHILDREN, HEALTH, EXAMS, STUDIES, LUCKY NUMBERS or any other PROBLEM at all.  MIRACULOUS.  TABEEZ JANTRAS & MANTRAS by TANTRIC TO BREAK EVIL SPIRITS AND BLACK MAGIC FOREVER ..."

Because ads for the occult and psychic practices and those for commercial services offering individual advice on personal problems are prohibited, we considered that the ad indirectly promoted unacceptable products.  We considered, moreover, that the revised version of the ad with only the telephone number breached the Code because it, too, indirectly promoted an unacceptable product.  

The ads breached CAP (Broadcast) TV Advertising Standards Code rule 3.2. (Indirect promotion).

2. Upheld

In an earlier investigation, we had noted that, after speaking to Pundit Maharaj, consumers requesting a horoscope reading had to give their full name, photograph, date of birth, mother's name and £50.  We considered that, after providing that information and that amount of money, consumers would expect a detailed personalised reading.  We considered that the ad, and the need to give personalised information, indirectly promoted a personalised horoscope service.

The ad breached CAP (Broadcast) TV Advertising Standards Code rules 3.2 (Indirect promotion) and 10.3 (The occult, psychic practices and exorcism).

3. Upheld

We were concerned that B4U Movies had so seriously failed in its compliance procedures.  We noted that B4U Movies had ignored the All Licensee Alert the Monitoring team issued in July 2008 that warned we would consider any future breach of rules 3.1 (Unacceptable categories) (i) the occult, 3.1 (j) commercial services offering individual advice on personal or consumer problems, 3.2 (Indirect promotion) and 10.3 (The occult, psychic practices and exorcism) very seriously and would consider referring the licensee to Ofcom.  We warned B4U Movies that another breach of those rules would result in a referral to Ofcom, which could instigate formal sanction procedures.

Action

The ad must not be shown again.  

Adjudication of the ASA Council (Broadcast)