Pandith Sri Guru Poojya Vijay Sharmaji 53 Nineveh Road Handsworth Birmingham B21 0SU

Date: 3 October 2007 Media: Television Sector:

Ad
An ad on Venus TV said and stated "meet world famous astrologer and palm reader from generations. Pandith is an expert in astrology.  He can tell you about marriage, employment, family, spousal conflict, social business, financial problems, citizenship, health, wealth and exam studies. Combines the power of palmistry, clairvoyance, astrology and face-reading to give you a more complete reading.  Please contact Sri Guru Poojya Vijay Sharmaji ...".  On-screen text stated ... Pandith is an Expert in Astrology with 99% Accurate Results in Palmistry and also Prediction of Horoscope ... Born Gifted with Spiritual Powers let him help you to Solve your Problems with his Expert knowledge Yantrik & Mantric" over background graphics of the solar system and tarot cards.

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); and

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

3. Monitoring staff challenged whether Pandith could guarantee 99% accurate results.

BCAP TV Advertising Code:

5.1;10.3;3.1(i);3.1(j);5.2.1

Response
Venus TV withdrew the ad as soon as the challenges were brought to their attention. They explained that the person normally in charge of compliance had been unable to carry out the routine advertising checks.  Venus TV acknowledged that someone else should have been carrying out the compliance checks in the meantime.  Venus TV explained that the ad had aired in error before they received the clearance documents from the client.  Venus TV added that the ad would not be shown until they had received them.  

Assessment
1. Upheld
The ASA welcomed Venus TVs assurance that the ad had been withdrawn.  The CAP (Broadcast) TV Advertising Standards Code prohibits advertising for products or services within the recognized character of the occult.  Note 4 of section 10.3 The occult, psychic practices and exorcism explains that that includes personal astrology readings and palmistry.  We considered that the ad promoted a palm readers services.  We concluded that the ad was for an unacceptable category.

The ad breached CAP (Broadcast) TV Advertising Standards Code rule 3.1 (i) (the occult) and 10. 3 (The occult, psychic practices and exorcism).

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 claim He can tell you about marriage, employment, family, spousal conflict, social business, financial problems, citizenship, health, wealth & exam studies" fell within that prohibition.  We concluded that the ad was for an unacceptable category.

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

3. Upheld
We noted Venus TV had submitted no evidence to substantiate the claim.  We considered that the claim was misleading.

The ad breached CAP (Broadcast) TV Advertising Standards Code rules 5.1 (Misleading) and 5.2.1 (Evidence).

Action
The ad must not be shown again.  


Adjudication of the ASA Council (Broadcast)