Galactus Funware Technology Private Limited - Mobile Premier League [MPL]

Recommendation: Upheld | Medium: General Public

The ASCI had approached the advertiser (yourself) for its response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The advertiser was offered an opportunity to seek an Informal Resolution (IR) of the complaint and a telecon with the ASCI Secretariat to seek further guidance, which they did not avail but submitted their written response. In response to the complainant’s objection the advertisement shows a father from a middle class family encouraging others to start betting on cricket because he could afford laptop for his child's education because of this… It cannot be encouraged on the pretext of dire necessity of people especially during a Pandemic the Advertiser submitted a pointwise reply. In his defense he mentioned: 1) It is “a skill-based eSport that can be played by individuals to win prizes and does not involve any aspect of gambling or betting. We have requisite legal opinions as well as comply with self- 1 regulations set out specifically in Part C on Digital Skill Games of the AIGF Skill Games Charter”. 2) “Advertisement showcases an actual MPL player who has won prizes on the MPL app playing Competitive eSport Tournaments.” 3) “In accordance with the ASCI Code, a disclaimer stating “Terms and Conditions Apply” has been put up in the advertisement and is present for the entire duration of the advertisement.” The Advertiser also added that “We would be very happy to tweak the disclaimers or add/subtract language as per ASCI guidelines for the gaming/eSports industry.” The Advertiser provided the following documents as claim support data: 1) a copy of the advertisement, 2) copy of an AIGF document Online Games: A tool for learning and development, that recognizes MPL as a game changer, 3) copy of a duly filled and signed User Testimonial Consent and Waiver of Liability Form, Galactus Funware Technology Pvt. Ltd. by the said winner in the advertisement Mukhtar Sayyed. The Advertiser’s response along with all documents provided in support of the claim were presented before the Consumer Complaints Council (CCC) to consider. The CCC viewed the TVC and examined the claim support data at the meeting. The CCC deliberated on the matter and were in agreement that fantasy leagues are becoming popular these days and that the Advertiser in question is possibly in the business of offering skill based games through a digital platform. Having said that, the CCC was of the opinion that the ad content was flawed and in violation of the ASCI code on several counts. The CCC observed that the advertisement comes across as you play and you win, and the fact that there could possibly be a loss involved is not highlighted in the 15 sec edit. The disclaimer in the 30 sec cut does mention loss, however, the nature of loss is not qualified. It could mean loss of time, loss of concentration etc. and accordingly would not necessarily mean monetary loss. The Ad content involved a man buying a laptop with the money that he won by playing on a fantasy league, which gives one an impression of an assured win of large sums that might not be the real case for everyone. Therefore, the CCC concluded that the ad content is misleading by exaggeration of the winning claim that one can buy a laptop, omission of risk of money to be involved, ambiguity of the term loss in the disclaimer and in direct contravention of Chapter I.4 of the ASCI code. The CCC also found this advertisement to be abusing the trust of consumers and exploiting their lack of experience or knowledge in taking advantage of the current pandemic situation to make MPL like an alternative to make money for necessities. This amounts to misuse of emotions given kids’ studies today have become a necessity and therefore is in contravention of Chapter I.5 of the ASCI code. The CCC also added that disclaimer should be in hindi regardless of the language of the App. Disclaimers should always be in the same language as that of the advertising content. This contravened Clause 4 (I) of ASCI Guidelines for Disclaimers made in supporting, limiting or explaining claims made in advertisements. This complaint was UPHELD.