ASA Adjudication on Pundit Maharaj
Pundit Maharaj
40 Bridge Street Row
Chester
CH1 1NN
Date:
4 June 2008
Media:
Television
Number of complaints:
1
Complaint Ref:
49694
Ad
An ad in Hindi aired on MATV (Punjabi) 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. MATV had added a revised disclaimer stating “this advert is a general Horoscope Reading Service under general entertainment category of advertising standards.”
Issue
Monitoring staff challenged:
1. whether the ads indirectly promoted an unacceptable product;
2. whether the ads were for a personalised horoscope service;
3. the acceptability of broadcasting the ads after an ASA adjudication had upheld a challenge about an almost identical ad.
BCAP TV Code
Response
1. MATV said the ads did not refer to astrology.
2. MATV maintained that the ads were for a general entertainment horoscope- reading service. MATV said the ads did not refer to a personal horoscope reading. MATV submitted one page as an example of a typical horoscope reading; they had requested it from the advertiser before airing the ad. MATV added that it was up to the customer to request a personalised reading, if that was required, and such a request was out of their control.
Assessment
1. Upheld
The ASA noted the website that was featured in the ads stated Everyday you read in the papers about the different SPIRITUAL HEALERS and ASTROLOGERS and of their AUTHENTICITY and POWERS ... PUNDIT JEE is the only SPIRITUAL HEALER who can prove by DOCUMENTARY EVIDENCE that his FAMILY i.e., FATHER and he, have been ESTABLISHED in ENGLAND since 1952. NO other PSYCHIC can prove their EXISTENCE and AUTHENTICITY with DOCUMENTARY EVIDENCE. This PROVES that PUNDIT JEE is the only SUCCESSFUL SPIRITUAL HEALER who has helped PEOPLE from all walks of life and can prove this by LETTERS from SATISFIED CLIENTELE who have had their PROBLEMS solved with a 100% GUARANTEE. If you have a problem that has not been solved by any GURU or SPIRITUAL HEALER PUNDIT JEE invites you to contact him as a LAST RESORT and I PROMISE that all your PROBLEMS will be finished FOREVER and you will be one of the MILLIONS of DEVOTEES of PUNDIT MAHARAJ who are leading SUCCESSFUL and CONFIDENT lives and come EVERY YEAR from all over the WORLD to pay their RESPECTS and touch PUNDIT JEE'S feet.
Because ads for the occult and psychic practices were prohibited, we considered that the ads indirectly promoted an unacceptable product.
The ads breached CAP (Broadcast) TV Advertising Standards Code rule 3.2. (Indirect promotion).
2. Upheld
We noted that, after speaking to Pundit Maharaj, consumers requesting a horoscope reading had to give their full name, photograph, date of birth, mothers name and £50. We considered that, after providing that information and that amount of money, consumers would expect a detailed personalised reading, not the magazine-horoscope-style reading that MATV submitted. We considered that the ads, and the need to give personalised information, indirectly promoted a personalised horoscope service.
The ads 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 MATV had repeatedly failed in its compliance procedures despite the monitoring team warning MATV in October and again in January about the previous Pundit Maharaj adjudication. We warned MATV that another breach of 3.1 or 10.3 would result in a referral to Ofcom, which may instigate formal sanction procedures.
Action
The ads must not be shown again.
Adjudication of the ASA Council (Broadcast)