ASA Adjudication on Professor Mohammad Zain

Ad

A TV ad, broadcast on DM Digital TV, when translated stated "Seeking Goodness Centre Spiritual Scholar, Professor Mohammad Zain All the ladies and gentlemen who are in any kind of problem should contact [me] urgently on this number 07943 … NORTH WEST LONDON …". An e-mail address was also provided.

Issue

1.  Manchester City Council Trading Standards, who had been contacted by a viewer who had paid money to Professor Mohammad Zain on two occasions for his help in finding a partner, were concerned that the ad was likely to mislead vulnerable people.

The ASA challenged whether the ad was acceptable for broadcast, because it:

2.  offered individual advice on personal problems;

3.  promoted a psychic service.

BCAP TV Code

Response

1., 2. & 3.  Professor Mohammad Zain did not comment.

DM Digital TV believed the ad did not mislead.  They said Professor Mohammad Zain was a scholar who acted as a mediator and offered only guidance, based on religion, on matrimonial and family issues.  They said they had not received any complaints from viewers directly who had paid money as a result of the ad and would not encourage viewers to pay.

DM Digital TV said the ad did not advertise the occult, exorcism or psychic services and that ads for Professor Mohammad Zain appeared in the national press and a number of other TV Channels.  They said, regardless, they had withdrawn the ad upon hearing of the complaint.

Assessment

1.  Upheld

The ASA understood that the viewer had paid money to Professor Mohammad Zain in the belief that he would find her a partner but had received nothing in return.

We were  concerned that the ad could prey on vulnerable viewers who were looking for help and advice with personal matters or any other issue and concluded that the ad was misleading and likely to exploit the vulnerable.

On this point, the ad breached CAP (Broadcast) TV Advertising Standards Code rules 5.1.1, 5.1.2 and 5.1.3 (Misleading advertising).

2. & 3.  Upheld

We noted the ad offered advice on "any kind of problem".  We also understood that the complainant had asked Professor Mohammad Zain for help with a personal matter, for which she paid a considerable sum, and was advised to pray for her request to be realised.

We also noted the CAP (Broadcast) TV Advertising Standards Code specified that ads for commercial services offering individual advice on personal problems, or ads for products or services concerned with psychic practices were unacceptable for broadcast in order to, for example, protect the vulnerable.  

We acknowledged that DM Digital TV were of the opinion that the service offered was not a psychic one; we noted however the ad described Professor Mohammad Zain as a "Spiritual scholar".  In view of the 'service' received by the complainant and in the absence of any persuasive argument from either Professor Mohammad Zain or DM Digital TV, we concluded that the ad represented individual advice, based on psychic or faith-based practices, for personal problems.  We concluded that the ad was likely to exploit the hopes and fears of vulnerable viewers and was unacceptable for broadcast.

On points 2 and 3, the ad breached CAP (Broadcast) TV Advertising Standards Code rules 3.1(j) (Unacceptable categories), 10.3 (Religion, faith and systems of belief - The occult, psychic practices and exorcism) and 10.13 (Religion, faith and systems of belief - vulnerable viewers).

Action

The ad must not be broadcast again.

Adjudication of the ASA Council (Broadcast)