ASA Adjudication on ZeeTV

Ad

An ad in Bengali was shown on MATV and Zee TV. The presenter said “With their mysterious and amazing powers, Gems have a great influence on the mind, body and soul of a human who wears them. They can help in controlling your anger, reducing your stress, increasing your confidence and it also enhances your decision making abilities. To grow further in life and to achieve what you have always wished for, it is extremely essential that your fate favours you. For a good fortune, and for a favourable effect of all the planets on your fate, Global Sky Shop presents a special product, Global Zodiac Rings and Pendents [sic].” The presenter asked “What are the various benefits of wearing such stones?” The astrologer Bejaan replied “The greatest benefit is your attitude, your perspective. You should be positive. You should be confident. In today's tough times, you should be mentally strong and balanced and positive. And the greatest benefit of the gems is they can make you, they can make you very positive. They can make you quite self-confident and brave. Look at my hands? Tell me, do they tremble? They don't. Sometimes you hear some people, even nowadays, they talk about evil eye. They ask me to save them from evil eyes. Well, whether you believe it or not, people have such notions in their minds. But with the help of these gems we can be protected from evil eyes [graphic of man surrounded by a spiral shield descending from a pendant above him and shielding him from arrows that bounced off the spiral shield] … There are many traders or businessmen who are not too stable. They are very finicky; they fail to stick to one thing or one direction. They are always indecisive about their plans. They may achieve stability by choosing to wear Global Sky Shop's Emerald stone.” The presenter said “If you wish bring happiness in your personal and professional life. Order now Global Sky Shop Global Rings and Pendants.” The astrologer Bejaan said “If such people wear this Opal stone, their power to attract people towards them might increase hundred times. There is nothing much to say now if these gems help you then you should buy them … Coral stone is red in colour. By wearing the Coral stone, one may experience extra power.” The presenter explained “These gems are more effective when they are energised. This increases their effect and they also become strong. Global Sky Shop’s Zodiac gems are purified and made in five metals, which help them to be even more effective and give them more strength and they form a protective shield all around you and don’t let the negative energies affect you. These gems may build in more desire to be successful, may help you to be more confident and successful.” The astrologer Bejaan said “If you belong to the Capricorn Zodiac, you should make a point of wearing the Garnet Gem. The main benefit of wearing this is that, stability and finance may improve. Are your efforts going waste after working day and night? Is your family life in disarray? Are you sad at not getting a job or a promotion despite having good qualifications? If you wish bring happiness in your personal and professional life, order now Global Sky Shop Global Rings and Pendants. And who knows, it may help you to be happy and successful … The Amethyst stone can be most favourable to the people who were born in the Aquarius Zodiac. This stone may help in making them more intellectual … Global Sky Shop's Cat's Eye Gem is probably the most suited to them. They might benefit in two ways, one is getting better at organizing, and the other at imagination. These two things are contradictory and yet, they might be able to do them well.” The presenter asked “Why should one specifically buy the Global Zodiac stones?” Bejaan explained “The first thing is that they are made from five metals. The second point is that they are absolutely pure and genuine. And the third is that they were placed under a pyramid and because of this may have the effects of electrification, power, and most important of all, energy. These are three vital reasons for choosing Global's Gems …” The presenter said “Global Sky Shop's Global Zodiac Gems are available in two forms, rings as well as pendants. They have been made using five metals. If a Gem is worn with five metals, it is considered to be the most effective because this probably increases its energy multiple folds.” The astrologer Bejaan said “You should definitely purchase these Pendants or Rings, whichever you like, from Global Sky Shop with total faith. I will not say that the benefits are 100% guaranteed. All I will say is that there will be benefits. And if there are benefits, you will be happy, and once you are happy, it will lead to your welfare and my welfare too. That's it. I do not need to appreciate it any further. I have endorsed this product and that speaks for itself.” The presenter said “Are your efforts going waste after working day and night? Is your family life in disarray? Are you sad at not getting a job or a promotion despite having good qualifications? If you wish to bring happiness in your personal and professional life, order now! Global Sky Shop Global Rings and Pendants and who knows, it may help you to be happy and successful.” The presenter said “I hope you achieve the success you desire with the help of Global Sky Zodiac Gems. May all your wishes come true, may all your grievances come to an end.” The presenter claimed “Anil Ambani, Amitab Bachan and Shri Atal Bihari Vajpee; what do these famous personalities lack? Nothing. But still to bring good luck they wear these gems.”

Issue

Monitoring staff challenged whether the Global Zodiac Rings and Pendants would have these effects on the wearer:

1. control anger, reduce stress, increase confidence and enhance decision-making abilities;

2. bring success, good fortune and happiness in the wearers personal and professional life;

3. protect from evil eyes, form a protective shield all around the wearer and not let negative energies affect the wearer;

4. increase the wearers power to attract others;

5. improve finances;

6. become more intellectual;

7. become better at organising.

8. Monitoring staff challenged whether the Global Zodiac Rings and Pendants had electrification effects, power and energy because they were placed under a pyramid and whether they were the most effective rings and pendants because they were made from five metals.

9. Monitoring staff challenged whether Anil Ambani, Amitab Bachan and Shri Atal Bihari Vajpee wore the Global Zodiac Rings and Pendants.

BCAP TV Code

Response

1., 6., 7., and 8.

Clearcast explained that the ad was intended for broadcast on Asian channels only and they believed most viewers were likely to regard it merely as entertainment. To underline the fun element a caption stating "These products are for entertainment purposes only" was repeated several times. Clearcast added that Note 4 to rule 10.3 exempted ads for services that most viewers were likely to regard simply as entertainment and that offered only generalised comments that would apply to large sections of the population.

3. Clearcast added that the ad did not target the young, the elderly or the emotional vulnerable and did not claim directly to influence future events. They explained that the products were presented as an aid to positive thinking and in that context the statements were not intended to be taken literally.

9. Clearcast explained that the advertisers had said they used photographs of the personalities wearing similar gems.

Assessment

1., 6., 7., and 8. Upheld

Although we acknowledged that many viewers would be unlikely to interpret all the claims literally, we noted members of the Asian community commonly carry or wear spiritual talismen and, we considered, would be likely to accept the claims at face value.

We noted that, although the caption "These products are for entertainment purposes only" appeared three times in a 15 minute ad, the ad stated "individual results may vary" four times. We considered that the caption "These products are for entertainment purposes only" contradicted the spoken claims and did not clarify them. We also considered that the caption "individual results may vary" would increase the impression created by the spoken claims that the products had an effect. We also considered that the inclusion of endorsements by popular and respected celebrities was likely to reinforce the message that the products were not merely for entertainment purposes only.

We noted the ad featured Sir Bejaan Daruwala and referred to him as one of the top 100 astrologers in the world. We considered that his statements, on the benefits gained from wearing the Global Sky Shop Global Rings and Pendants, were wide-ranging claims that promised to change the future and affect peoples behaviour. We considered that those statements were claims that were different from those normally associated with newspaper horoscopes, which Note 4 to rule 10.3 permitted because "most viewers are likely to regard [them] simply as entertainment". We also noted Note 4 stated that "such advertising must comply with the rules on misleading advertising in Section 5". We noted the items cost £90.95. We considered that such a high price was not a price that consumers would be likely to pay for something that was merely "for entertainment". We considered that viewers would believe that the Global Sky Shop Global Rings and Pendants would have an effect and that the broadcasters should hold evidence to substantiate the claims. We noted they did not. We concluded that the ad was misleading.

The ad breached CAP (Broadcast) TV Advertising Standards Code rule 5.1 (Misleading), 5.2.1 (Evidence) and 5.4.2 Superimposed text.

2., 4., and 5. Upheld

We considered that the ad was directed at the vulnerable through its statements "Are your efforts going waste after working day and night? Is your family life in disarray? Are you sad at not getting a job or a promotion despite having good qualifications? If you wish to bring happiness in your personal and professional life. Order now! Global Sky Shop Global Rings and Pendants and who knows, it may help you to be happy and successful." We noted the Note to rule 10.13 stated "References to ... directly influencing the future are unlikely to comply with this rule." We considered that the ad promised to influence the future.

The ad breached CAP (Broadcast) TV Advertising Standards Code rule 10.13 (Vulnerable viewers).

3. Upheld

We considered that the reference to protect from evil eyes, form a protective shield all around the wearer and not let negative energies affect the wearer and the graphic showing arrows being repelled from the spiral shield were likely to exploit the superstitious.

The ad breached CAP (Broadcast) TV Advertising Standards Code rule 10.4 (Superstition) and 5.2.2 Implications.

9. Upheld

Because we had seen no evidence to substantiate the claim that Anil Ambani, Amitab Bachan and Shri Atal Bihari Vajpee wore the Global Zodiac Rings and Pendants, we considered that the claim was misleading.

The ad breached CAP (Broadcast) TV Advertising Standards Code rule 5.4.4 (Testimonials).

Action

We concluded that the ad must not be shown again in its present form and that the product should not be advertised without adequate substantiation for the claims made for it.

Adjudication of the ASA Council (Broadcast)