ASA Adjudication on Filco Ltd
Filco Ltd
York House
Victoria Street
Alderney
Channel Islands
GY9 3TA
Date:
18 November 2009
Media:
Television
Sector:
Leisure
Number of complaints:
1
Complaint Ref:
103187
Ad
A TV ad for FullTiltPoker.com featured scenes of a man playing and losing poker and walking away from the poker game. A male voice-over stated "Some nights you catch great cards. Mix up your play. And completely control the action. And it's still not enough. But there's always another hand. We play at FullTiltPoker.com". On-screen text stated "Players must be 18+. Always gamble responsibly. www.gambleaware.co.uk".
Issue
A viewer, who considered the ad condoned addictive behaviour, challenged whether the ad, and in particular the claim "And it's still not enough. But there's always another hand", was socially irresponsible.
BCAP TV Code
Response
Filco Ltd (Filco) pointed out that the ad showed a man playing poker and then walking away from the poker game, and they argued that the ad neither condoned nor encouraged or portrayed addictive behaviour but showed a poker player exercising control and self-restraint. Filco said the claim "And it's still not enough. But there's always another hand" reflected the reality of poker game play, but argued that there was no suggestion that the player would return to play another hand. Filco said the player was shown leaving the table in a calm, collected manner. The ad did not allude to financial ruin and the player was not socially or emotionally harmed by his experience. They argued that the ad depicted the player adopting a positive and responsible attitude, and a disciplined state of mind, towards the poker game he had just played.
Clearcast said the ad was about playing poker in a controlled sensible manner. They argued that people who enjoyed poker would play it on a regular basis, in the same way as people who took part in other sports or leisure activities did so regularly. Clearcast said the ad was not an enticement to carry on playing poker continuously or addictively. Rather, the ad suggested that sometimes a player could have great cards, but it would still not be enough to win. There would be another time to play, another hand, when luck, fate, skill or confidence may be with a player and allow him or her to win. Clearcast pointed out that on-screen text at the end of the ad stated "always gamble responsibly", which they said summed up what the ad was all about.
Assessment
Not upheld
The ASA noted that the ad showed the man walking away from the table after losing a poker game, and we also noted that the man was calm and measured, and that there was no sense of urgency to his behaviour or the voice-over. We considered, in that context, that the claim "Some nights you catch great cards. Mix up your play. And completely control the action. And it's still not enough. But there's always another hand" implied that the man's hand and skill were not enough on that occasion to win, but that there would be another opportunity to play again in the future. We did not consider that the ad implied that the man would return immediately to play another game, or that he was involved in gambling behaviour that was addictive or could lead to financial, social or emotional harm. We therefore concluded that the ad was not socially irresponsible.
We investigated the ad under CAP (Broadcast) TV Advertising Standards Code rule 11.10.1 (a) (Gambling) but did not find it in breach.
Action
No further action necessary.
Adjudication of the ASA Council (Broadcast)