Download ASA Hot Topic Gambling - Advertising Standards Authority

ASA Hot Topic
Gambling
Casinos, betting exchanges and lotteries have enjoyed newfound freedoms in the way they
advertise since the introduction of the Gambling Act 2005 in September 2007, allowing
gambling to be advertised across all media.
To ensure that consumers are properly protected, the Advertising Codes were updated so
that ads are socially responsible and don’t encourage gambling in ways that harm or exploit
children, young people or vulnerable adults.
The rules
Ads for gambling must not:
• Portray, condone or encourage gambling behaviour that is socially irresponsible or could
lead to financial, social or emotional harm.
• Exploit the susceptibilities, aspirations, credulity, inexperience or lack of knowledge of
children, young persons or other vulnerable persons.
• Suggest that gambling can be a solution to financial concerns.
• Link gambling to seduction, sexual success or enhanced attractiveness.
• Be of particular appeal to children or young persons, especially by reflecting or being
associated with youth culture.
• Feature anyone gambling or playing a significant role in the ad if they are under 25 years old
(or appear to be under 25).
How has gambling advertising changed?
Casinos
Before 2007, licensed casinos were only allowed to advertise in classified ads. However,
following the change in the law (Gambling Act), companies based in the UK or in certain
approved jurisdictions (known as the White List), in the European Economic Area or holding a
Gambling Commission licence are now legally permitted to advertise across all media.
Lotteries
Unless a lottery is licensed by the Gambling Commission, is part of the National Lottery or is
a small or private lottery, it is likely to be illegal.
Bingo
Before September 2007, marketing communications for bingo halls could advertise the game of
bingo, but were not allowed to refer to other gambling facilities such as gaming machines. The
Gambling Act allows bingo halls to refer to the other gambling facilities found on their premises.
For more information: www.asa.org.uk
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ASA Hot Topic: Gambling
Inducements
Advertisers were no longer prohibited from offering incentives or inducements to gamble,
although any promotion has to be socially responsible.
How do you judge someone as vulnerable?
Ads should not be directed to under 18s or vulnerable adults. The Committee of Advertising
Practice (CAP) understands vulnerable to be someone who is mentally, socially or emotionally
immature, those whose judgement is impaired, for example, by alcohol or drug addiction, or
those who are at risk of gambling more than they can afford to or want to.
Are the new rules working?
In a 2007 survey, the ASA assessed 784 gambling ads against the new rules. Encouragingly,
only seven seemed to be in breach, a compliance rate of 99%. Another survey, conducted in
2010, showed the compliance rate down slightly, to 96.1%, although it is worth noting that 25 of
the 31 ads that were likely to breach a Code were near identical ads and were placed by only two
companies.
Gambling Review
The Code rules are a robust interpretation of the requirements in the Gambling Act 2005. We
worked closely with interested parties to ensure that the rules place an emphasis on gambling
ads being socially responsible and that they protect young people.
However, since the Gambling Act came into effect in 2007, the amount of ads has increased
and so has the number of complaints we receive. Moreover, as technology evolves, we’re
accessing gambling products in new and different ways such as online and via mobile devices.
As a result we reviewed our enforcement of the gambling advertising rules to ensure that we are
applying them proportionately and protecting those who are potentially more vulnerable to
gambling related harm.
Our Review, published in October 2014, analysed ASA complaints data from 2007 to date and
assessed the ASA’s decisions on gambling advertising complaints. An independent research
agency was commissioned to conduct qualitative research into the public’s views on gambling
advertising.
The independent research revealed that people are satisfied with the way gambling
advertisements are regulated. But we’ve identified areas which warrant our further
consideration, including ‘free bet’ offers and the portrayal of ‘toughness’ in gambling ads.
As a result of our findings we’ll be prioritising potential breaches relating to sales promotions in
gambling ads and being more proactive on issues relating to social responsibility. We’ll
continue to work with the Department of Culture Media and Sport and the Gambling Commission
to ensure that our regulation of gambling ads continue to protect young people and vulnerable
adults.
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ASA Hot Topic: Gambling
Alongside our work, the Committees of Advertising Practice (CAP) reviewed the latest evidence
underpinning the gambling rules. The evidence assessed in CAP’s Review, shows that the
impact of gambling advertising on young people and problem gambling behaviour is limited.
Gambling advertising continues to be an area of focus for CAP. To ensure gambling ads
remains responsible CAP will be:
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Producing enhanced guidance for advertisers.
Working with academics and other experts to ensure the rules continue to identify and
address the particular risks and vulnerabilities associated with gambling advertising.
Working with fellow regulators to expand and improve the evidence base.
ASA action
Coral Interactive Gibraltar Ltd (28 May 2014)
A TV ad for Coral showed two men reading the Racing Post in a barber's shop. Music then started
as a woman wearing a jockey's outfit that left her midriff bare walked into the shop. As she walked
past the two men, she stopped to close one's gaping jaw with her whip. We banned the ad for
linking gambling with seduction.
Hillside New Media Ltd (5 February 2014)
Claims on a website promoted a “Free bet offer”, that claimed to allow consumers a free bet on a
subsequent race if they backed a winner with their initial bet. This claim was challenged by a
consumer who felt that the claim was misleading, as an individual was required to place a further bet
on the subsequent race in order to take advantage of the “free bet”. The ASA agreed and upheld the
complaint.
Metro Play Ltd (8 January 2014)
A regional press ad, which featured in the Metro, for an online casino showed an image of Optimus
Prime from Transformers holding up a sign, which stated "£30,000 WILL BE WON THIS WEEK ...
TRANSFORMERS ... BATTLE FOR CYBERTRON ... PLAY NOW FOR YOUR CHANCE TO WIN!".
Text beneath the sign stated "EXCLUSIVE BONUS - DEPOSIT £5 AND PLAY WITH £15 ...
PROMO CODE: JACKPOT. PLAY NOW!". We banned the ad, which appeared in an untargeted
medium, because it featured a character from a popular toy brand that was likely to appeal to under18s.
Contact us
Email: [email protected]
Follow us on Twitter: @ASA_UK
The Advertising Standards Authority (ASA) works to maintain the highest standards
in advertising by taking action to prevent ads from being misleading, harmful or
offensive. Visit www.asa.org.uk for more information about our activities, to view
the advertising Codes or to access our database of adjudications.