ASA Adjudication on Rational Entertainment Enterprises Ltd

Ad

A poster for PokerStars.com had the headline "Play mind games" above a picture of World Poker Champion & Team PokerStars Pro Daniel Negreanu, who was featured holding a hockey stick. Text next to the picture stated "Poker is a sport of courage, conviction and confidence. Play for free at the world's largest poker site". Text at the bottom of the ad stated "PokerStars.com Find the Poker Star in you".

Issue

The complainant challenged whether:

1. the references to "courage, conviction and confidence" were irresponsible and exploited the susceptibilities of children, because she believed they were qualities to which children aspired; and

2. the description of poker as a "sport" was misleading, and would appeal to young people and encourage them to gamble.

3. The ASA challenged whether the references to "courage, conviction and confidence" linked poker to toughness and resilience, and implied that gambling could enhance those qualities.

Response

Pokerstars.com (Pokerstars) said that poker was a game of intelligence, tactics, skill, judgement and nerve. They said there were many human qualities that a good player could bring to bear in order to beat other players, and that it was that scope for the exercise of human talent that gave poker its drama and its appeal over other more mechanical forms of gambling.

1. Pokerstars argued that the ad did not promote anti-social or dangerous patterns of gambling, and nor did it encourage repetitive or reckless gambling. They said the ad was not designed in a way that was attractive to children or young people, and that the target audience for the ad was men aged 21 to 44 years old. They said that Daniel Negreanu was not a personality who was well-known, or of particular appeal, to children and young people.

Pokerstars argued that the text used in the ad was not particularly appealing to children. They acknowledged that the words described desirable human qualities, which might appeal to children, but argued that all words suggestive of good qualities could appeal to children as they did to adults.

2. Pokerstars argued that, along with games such as chess and bridge, poker was considered to be a 'mind sport'. They argued that poker was distinct from gambling in general, and in particular from repetitive and mechanical forms of gambling, such as roulette, that allowed very little human input into the outcome. Pokerstars said the mental abilities that contributed to success at poker were also highest among the mental abilities that contributed to physical sporting success. Pokerstars argued that the definition of sport, as an amusement, diversion, game, pastime or recreation, was a definition that could also be applied to poker.

Pokerstars argued that the ad was consciously and obviously adult focused. They said the association of poker with sport, in the absence of any other child-targeted features, was unlikely to appeal to children. Pokerstars said the UK charity GamCare had certified that they maintained the highest standards of social responsibility and player protection.

3. Pokerstars said the ad quoted the poker champion's opinion that success in poker required "courage, conviction and confidence", but they argued that the ad did not say that a person would acquire those qualities as a result of gambling, or that those qualities would be enhanced as a result of gambling. They said the link between the word "sport" and the picture of Daniel Negreanu with an ice-hockey stick made it clear that that quote was Daniel Negreanu's personal opinion.

Pokerstars explained that the reference to "courage, conviction and confidence" was intended to highlight the difference between poker, a game where individual skill and human qualities could determine the outcome, and chance-based gambling, where the human element was minimal. Pokerstars argued that it was widely understood by the public that poker was a game of tactics and human ingenuity.

Pokerstars said there was nothing in the words "courage, conviction and confidence" that suggested toughness or resilience. They argued that the phrase suggested self-belief or firmness, rather than 'toughness' in the sense of physical power or machismo. They said the ad put poker in a sporting context, not a macho context.

Assessment

1. Not upheld

The ASA noted Pokerstars' argument that the ad was targeted at men aged 21-44 years of age, and that the design of the ad was not attractive to young people. We considered that Daniel Negreanu was not a well-known personality or an obviously aspirational figure, and was unlikely to be of particular appeal to children or young people. We also considered that, in the context of the ad as a whole, the phrase "courage, conviction and confidence", although of general appeal, was unlikely to appeal particularly to children. We therefore concluded that the ad was not irresponsible and did not exploit the susceptibilities of children.

On this point we investigated the ad under CAP Code clauses 57.2 and 57.4 (b) (Gambling) but did not find it in breach.

2. Not upheld

We noted Pokerstars' argument that poker was a 'mind' sport that was distinct from other forms of mechanical gambling because it involved an element of tactics and skill. We also noted the complainant's concerns about the use of the term 'sport' in the ad. We considered, however, that poker was a well-known card game, and that the description of poker as a sport was unlikely to materially mislead members of the public about the nature of game. We also considered that the definition of 'sport' as a game, pastime or recreational activity was a definition that could be applied to poker. Notwithstanding that, we concluded that merely using the 'term' sport in itself to describe poker did not appeal particularly to children or young people, or encourage them to gamble.

On this point we investigated the ad under CAP Code clauses 7.1 (Truthfulness), 57.2 and 57.4 (b) (Gambling) but did not find it in breach.

3. Upheld

We noted Pokerstars' argument that the reference to "courage, conviction and confidence" aimed to highlight the difference between poker and other, more mechanical, forms of gambling, and that that phrase did not suggest physical power or machismo. However, we considered that "courage, conviction and confidence" were attributes that demonstrated mental toughness or resilience, and would be seen as admirable qualities by the target audience of 21- to 44-year-old men. We also considered that the claim implied not only that those qualities were needed in order to play poker, but also that success at poker would therefore enhance those qualities. Because of that we concluded that the ad breached the Code.

On this point the ad breached CAP Code clauses 57.4 (f) and 57.4 (i) (Gambling).

Action

The ad must not appear again in its current form.

Adjudication of the ASA Council (Non-broadcast)