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Transcript
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 3 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. 4 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: 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.