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ASA Adjudication on TeleSky Shopping Ltd

TeleSky Shopping Ltd

Unit 9, Stanley House
Stanley Avenue
Alperton
Wembley
HA0 4JB

Date:

3 March 2010

Media:

Television

Sector:

Leisure

Number of complaints:

1

Complaint Ref:

105799

Ad

A teleshopping presentation, in Hindi, for a home worship kit, described the benefits of worshipping the Goddess Lakshmi (or Mahalakshmi). The presenter, a Brahmin, said “The lone power (shakti) in this world is Goddess Mahalakshmi, who gives wealth to the poor, progeny to the childless, good health to the patient, strength to the weak and victory to the loser. Goddess Mahalakshmi liberates people from the burden of the debt and loan default. If an enemy is causing you loss in business, if a competitor is putting blocks in your way to success, if poverty has stricken you, if your own people have avoided you, then there is only one mother: Goddess Mahalakshmi who can salvage you from these troubles and bestow upon you prosperity, happiness, peace and success”. He explained that the kit allowed viewers to worship properly without the presence of a Brahmin and stated “On the night of Divali, Goddess Lakshmi herself visits homes with her gold treasure. Therefore, order your Mahalakshmi Poojan Kit and invite Goddess Lakshmi to your home and your business establishment ... Who knows, Goddess Lakshmi may bless your home, your family with gold.”

Issue

One viewer challenged whether the ad:

1. was misleading and could be substantiated, because it implied that buying the kit could result in rewards, and

2. might mislead and exploit vulnerable viewers.

BCAP TV Code

Response

1. & 2. Telesky Shopping Ltd (Telesky) explained that in Hindu scriptures Lakshmi (or Mahalakshmi) was the goddess of wealth and prosperity. They said Lakshmi was worshipped for promotion, success and personal virtues and the importance attached to her presence in every household essentially made her a domestic deity. They said that householders worshipped Lakshmi for the well being and prosperity of the family and businessmen and women also offered her daily prayers. They explained that, on the full moon night following Dusshera or Durga Puja (Hindu festivals), Hindus worshipped Lakshmi ceremonially at home, prayed for her blessings and it was believed that on that night the Goddess visited homes and replenished the inhabitants with wealth. They said that special prayers were also offered to Lakshmi on Diwali. They said there were many religious beliefs attached to Lakshmi and the ad did not talk about the benefits of the product, but praised her and her powers.

1. & 2. Clearcast said that the translation they had been supplied with by the translator was different to the translation commissioned by the ASA. They said they had asked the advertiser to explain the variance on several occasions, but had not received an answer and it appeared that the English script supplied to Clearcast was not representative of the final presentation.

Assessment

1. Upheld

The ASA relied on a translation provided by an independent translation agency. We noted that the presentation made some general claims about the positive effects of worshipping the Goddess Lakshmi, but noted the presentation also included claims which suggested that using the kit to carry out rituals or worship would bring prosperity or fortune and would free viewers from debt and loan default; for example, "Goddess Mahalakshmi liberates the persons from the burden of the debt and loan default" and "if poverty has stricken you ... then there is only one mother: Goddess Mahalakshmi who can salvage you from these troubles and bestow upon you prosperity".

Because we considered that the ad suggested that buying and using the kit to worship could directly affect users' personal circumstances by bringing them prosperity and fortune or freeing them from debt, and because we had not seen evidence that substantiated those claims, we concluded the ad was misleading.

On this point, the ad breached CAP (Broadcast) TV Advertising Standards Code rules 5.2.1, 5.2.2 (Claims), 10.10 and 10.13 (Religion, faith and systems of belief).

2. Upheld

Although we considered that viewers were likely to be familiar with the worship and rituals in the ad and would associate the Goddess Lakshmi with fortune and prosperity, because we considered that the ad claimed that buying and using the kit to carry out worship could bring prosperity or could free viewers from debt, and because we had not seen evidence which substantiated those claims, we concluded the ad was likely to mislead and exploit vulnerable people.

On this point, the ad breached CAP (Broadcast) TV Advertising Standards Code rules 5.2.1, 5.2.2 (Claims), 10.10 and 10.13 (Religion, faith and systems of belief).

Action

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

Adjudication of the ASA Council (Broadcast)

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