ASA Adjudication on Professor Mohammed

Professor Mohammed

68 Good Ram Gate
York
North Yorkshire
YO1 7LF

Date:

4 June 2008

Media:

Television

Sector:

Leisure

Number of complaints:

1

Complaint Ref:

55423

Ad

An ad on Prime TV in Urdu said “Thanks to the blessings of Almighty God as we are still able to manage our lives. Since 1952, Professor Mohammed has been helping people in need. For anything on astrology, numerology, tarot card reading, palmistry or horoscope, contact Professor Mohammed. Telephone number 0796 xxx xxxx.” On-screen text stated ‘“He who is filled with love is filled with God himself - Rumi” Serving since 1952, Disobedient children, Black Magic, Domestic Issues, Children, Business, Marriage, Professor Mohammed 0796 xxx xxxx.’

Issue

Monitoring staff challenged whether the ad:

1.  promoted an unacceptable category as defined by rules 3.1 (i) (the occult) and 10. 3 (The occult, psychic practices and exorcism);

2.  offered a commercial service of individual advice on personal or consumer problems, contrary to rule 3.1 (j).

BCAP TV Code

10.310.410.133.1(i);3.1(j)

Response

Prime TV explained that the original ad had been amended as a result of the Monitoring teams advice and had removed the references to "Disobedient children, Black magic, Domestic Issues, Children, Business, Marriage."  They explained that the original version had been broadcast again by mistake.

Assessment

The ASA noted this was the second time that Monitoring staff had contacted Prime TV about astrology ads.  Monitoring staff had obtained an assurance that Prime TV would not broadcast the last ad and we were concerned that Prime TV was applying the Code wrongly.

1. Upheld

The CAP (Broadcast) TV Advertising Standards Code prohibits advertising for products or services within the recognised character of the occult, psychic practices and exorcism.  Note four states that psychic practices include astrology, personal horoscope readings and palmistry.  Advertisements for tarot-based prediction services are exempted from rule 10.3 if:

the service is pre-recorded and that is explained in the advertisement and at the start of the recording and

the service is for entertainment only and that is clear from the advertising and is explained at the start of the recording and

all references to tarot in the service and the advertisement are qualified to make clear that it is not a "real" tarot service and

the service does not contain material that might feel threatening to callers or might harm, offend or distress them.  

We considered that the ad promoted astrology, horoscope, numerology, tarot, black magic and palm reading services.  We concluded that the ad was for an unacceptable category.

The ad breached CAP (Broadcast) TV Advertising Standards Code rules 3.1 (i) (the occult), 10.3 (The occult, psychic practices and exorcism), 10.4 (Superstition) and 10.13 Vulnerable viewers.

2. Upheld

The Code also prohibits (with certain exceptions) commercial services offering advice on personal or consumer problems.  We considered that the services referred to in the ad, "Disobedient children ... Domestic Issues, Children, Business, Marriage", fell within that prohibition.  We concluded that the ad was for an unacceptable category.  Furthermore, we considered that even if the revised ad had been shown, the ads would have indirectly promoted an unacceptable product, because ads for commercial services offering individual advice on personal or consumer problems were prohibited.

The ad breached CAP (Broadcast) TV Advertising Standards Code rule 3.1 (j) (commercial services offering individual advice on personal or consumer problems).

Action

The ad must not be shown again.

Adjudication of the ASA Council (Broadcast)

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