Swamiji Online News - Swamiji Online News

Recommendation: Upheld | Medium: Suo Moto

In the absence of a written response along with documents for substantiation on or before the prescribed due date, the Consumer Complaints Council (CCC) considered this complaint exparte. For the objection raised against the use of the Celebrity (Tusshar Kapoor) in the advertisement, the advertiser did not provide any evidence to show that the celebrity had done due diligence prior to endorsement of the advertiser's product/service, to ensure that all descriptions, claims and comparisons made in the advertisement are capable of substantiation. The QR code mentioned in the advertisement is misleading as it directs the viewers to a WhatsApp chat with an unrelated international number without informing them. The account shows the picture “SWAMI JI ONLINE BOOK,” and a pre-typed message asking to create an ID is displayed in the chat box. As the details are not clearly stated, the viewers may be misled about the nature of the contact. The advertiser - “SWAMI JI ONLINE NEWS” (https://swamijionline.com/) is an online sports news platform, while `SWAMI JI ONLINE BOOK” (https://www.swamiji.club/) is an online betting platform. Upon reviewing both the platforms, several clues and cues were identified suggesting a connection between the two. Specifically, the logos of ` SWAMI JI ONLINE NEWS’ and ` SWAMI JI ONLINE BOOK’ share similar colors and design elements. These visual similarities could mislead the viewers into believing that ` SWAMI JI ONLINE NEWS’ is associated with the betting platform - `SWAMI JI ONLINE BOOK’. The advertisement appears to be a surrogate advertisement for an online betting platform, the advertising of which is prohibited in India. The advertiser has not provided the necessary supporting documentation to classify the promoted product or service as a legitimate brand extension. There is no evidence of a valid license, a CA verified certificate showing net sales turnover, or details of advertising spend for the relevant period. This advertisement is in contravention of Chapter I, Clause 1.4, and Chapter III, Clause 3.6 (b) of the ASCI Code (“Whether there exists in the advertisement under complaint any direct or indirect clues or cues which could suggest to consumers that it is a direct or indirect advertisement for the product whose advertising is restricted by this Code”), ASCI Guidelines for Qualification of Brand Extension Product or Service, and Clauses (c), (d) of the ASCI Guidelines for Celebrities in Advertising. The complaint was Upheld.