ASA Adjudication on Charon Communications Ltd

Ad

A magazine ad and an advertorial for Swank Poker:

a. The magazine ad, which featured in Flush magazine, was headed “Will you hold this pair for me?” and showed a woman wearing a vest with the Swank Poker logo that was pulled down to reveal her breasts; she cupped her bosom with both hands. Text at the foot of the ad stated “SwankPoker … Your favourite girl will play as you tell her to. Website is updated daily for your viewing and playing pleasure. BEST SOFTWARE. HOT ACTION. SIZZLING REWARDS. Poker has never been this hot! Playing has never been this satisfying…”.

b. The advertorial, which featured in the same edition of Flush magazine as ad (a), was headed “GET READY FOR SOME HOT ACTION! Turning the online poker world upside down, Swank Poker is here to offer the poker player a very different kind of experience!” Further text stated “Welcome to Swank Poker! We are now open for the very best in poker action coupled with the finest erotic entertainment that the civilized world has to offer. As a very special welcome to Swank, the next level in Adult Poker entertainment, we have an EXCLUSIVE competition to win fantastic, all-expenses paid adult adventure of a lifetime to any one of a number of dream destinations. If you don’t win this Grand Opening prize, don’t worry. All you need to do is earn enough Swank Points to claim the same package without any competition! And what a package it is!! Live poker and full body massages to prepare you for the evenings and whatever else your imagination can come up with - all for absolutely nothing. At Swank Poker the girls at the table (the avatars, if you will) are not your alter egos. So don’t even think of saying “nice rack” to that fellow player of yours across the table. Feel free to compliment him on his pick though. The girls are there just to handle your cards and take care of the action according to your wishes. But bring enough action to the Swank tables and next thing you know, she could be taking care of your wildest fantasies … whatever poker action you give us we’ll reward you with some serious erotic action that will blow your mind and you! …

The best things at Swank Poker, except the card room of course, are the rewards. Here’s an example of what you can expect: All-inclusive packages to the best adult entertainment in the world. All-inclusive packages to the classiest cities in the world. All-inclusive packages to the best resorts. Full memberships to the most exciting adult dating sites and all the support you’ll need to bag that babe. Full membership to adult movie stars Swank Girls’ websites and an opportunity to star in a movie with them! All sorts of grown-up toys for him and for her … Swank is the REAL THING. We are not giving away dinners with some models where the most you’d get is an air kiss. We are giving away dreams made into reality where the only thing limiting you is your imagination. One important thing - we never forget about poker. Wherever possible your awards include live poker nights at local card rooms. There are also training sessions with professional players, accompanied by top models, erotic stars, masseuses, in fact anything to help you achieve the perfect preparation for your game. Swank Poker, where poker just got sexy! …”.

The text was accompanied by photographs of women in erotic poses, and screen shots taken from the Swank Poker website.

Issue

The Remote Gambling Association challenged whether ads (a) and (b):

1.  linked gambling to seduction and sexual success; and

2.  were socially responsible, with particular regard to the need to protect children, young persons and other vulnerable persons from being harmed or exploited by advertising that features or promotes gambling.

Response

1.  Swank Poker (Swank) said, in their view, the ads did not link gambling to sexual success.  They explained that, instead of offering caps and T-shirts, they offered rewards that were legally sold, and indeed were offered by other vendors, but which happened to be of an adult nature.  

2.  Swank argued that they were as socially responsible as any poker organisation.  They pointed out that Swank advertised that its services were for adults only in a very clear manner and explained that it was not possible to claim any prizes from Swank unless the player confirmed that they were an adult.

Assessment

1.  Upheld

The ASA understood that Swank Poker combined poker play with adult entertainment.  Unlike other on-line poker websites, the 'avatars' were real women, some of whom were naked or provocatively dressed, and the rewards offered, through the collection of 'Swank points' in exchange for play were adult-oriented and included, for example, travel packages to adult entertainment centres and access to adult dating sites.  The premise of Swank Poker was such that erotic entertainment was an intrinsic element of the business.

We considered, however, that ads for gambling services should not link gambling to seduction or sexual success.  We considered that the imagery used in ad (a), together with the statement "Will you hold this pair for me?", were suggestive references that directly linked Swank's poker services with seduction.  

We noted ad (b) included several photographs of women in a variety of suggestive and sexual poses, together with text that offered adult and sexual experiences through the Swank reward scheme.  We considered that the imagery in ad (b), which was explicitly sexual, linked gambling with seduction.  We were also concerned that its text, for example, "... bring enough action to the Swank tables and the next thing you know, she could be taking care of your wildest fantasies", offered players the opportunity of sexual success and, therefore, linked gambling with sexual success.

While we fully understood that the premise of Swank was to offer erotic entertainment combined with poker play, and the services offered by Swank were legally available, we considered that both ads (a) and (b) had breached the Code in relation to the advertising of gambling services.

On this point, the ad breached CAP Code clause 57.4h (Gambling).

2.  Not upheld

We noted the ads appeared in Flush magazine, which had an average readership age of 25-40 years.  In the context of that magazine, which appealed to adults and which featured only adult-oriented content, we considered that the ads were likely to be seen only by an adult audience: they were, therefore, unlikely to cause harm to, or exploit, children or young persons in this context.

We noted the RGA's concern with regard to vulnerable persons, for example, those who gambled more than they wanted to or beyond their means, or people who might not be able to make an informed or balanced decision about gambling because of mental impairment, and we recognised the need to protect all individuals from being harmed or exploited by ads that featured or promoted gambling.  We considered, however, that while they used sexual imagery and text, which was problematic because they linked gambling to seduction and sexual success (see point 1), neither ad (a) nor (b) were likely either to, for example, encourage those who gambled excessively to play poker or influence the gambling behaviour of anyone with mental impairment.  We concluded, therefore, that neither ad featured or promoted gambling in a way that was likely to lead to harm or exploit vulnerable persons.  

On this point, we investigated ads (a) and (b) under CAP Code clause 57.2 (Gambling) but did not find them in breach.

Action

The ads must not appear again in their current form.

Adjudication of the ASA Council (Non-broadcast)