Background
Summary of Council decision:
Two issues were investigated, both of which were Not upheld.
Ad description
A TV ad for Betfair's Cash Out feature was set in a pub and featured a man sitting next to two friends, watching a live televised football game. The pub looked busy and there were several people standing behind and around the table, all looking at the football on TV. On the table in front of the three seated men were pint glasses of beer.
The football commentator was heard to say "United looking a little vulnerable ... " before the ad's voice-over began, "You've backed United to win" and the camera cut to a shot of the man's mobile phone, which he had just picked up. The phone screen displayed the Betfair mobile betting app. The app screen featured a "Cash Out" button with the amount £27.18 written on it. Further text on the app screen stated "Man Utd 3 - 1 Everton" and the live odds for the game. The Cash Out button pulsated in time with the sound of a heart beating as the voice-over continued, "Do you cash out ... or don't you?"
The camera cut to a close-up of the man's eyes, which quickly looked away from his mobile phone and towards the TV screen as the football commentator was heard to shout, "Rooney! 4-2! No way back for Everton now." The man again looked at his mobile phone, which still showed £27.18 on the Cash Out button as the man's finger was seen hovering over the screen, ready to push the button. The Cash Out button pulsated more quickly and the heart beat sound also sped up; the voice-over stated, "Do you? Don't you?"
The commentator announced a goal and that the score was now 4–3 as the man raised his fist to his mouth, looking concerned and glanced back towards his mobile phone. A brief close-up of the man's face at this point showed a look of concern. A close up of the Cash Out button now showed £24.35; the pulsating and heart beat noise sped up further. The voice-over repeated, "Do you?" as the camera cut to a wider view where the man was now shown alone in the empty pub, looking intently at the TV screen, with his finger poised over his mobile phone's screen. He pressed the Cash Out button, the camera cut to close-ups of his eyes, showed his face twitch, then to a close up of his clenched fist before back to his relieved looking face as the commentator announced that Everton had scored again, to make it 4–4.
The voice-over stated, "Cash Out allows you to change your mind during the match. Join Betfair, download the exchange app and get a £20 free bet. Don't settle for less."
Issue
1. The complainant challenged whether the ad was irresponsible because it linked gambling with the consumption of alcohol.
2. The ASA challenged whether the ad portrayed socially irresponsible gambling behaviour.
Response
TSE (Gibraltar) LP trading as Betfair (Betfair) did not believe that the ad was irresponsible. They pointed out that whilst there was no rule in the BCAP Code that prohibited setting a gambling ad in a pub, it was prohibited to suggest that solitary gambling was preferable to social gambling.
They stated that according to 2013 online gambling population demographic for the UK, 73% of gamblers were under the age of 45, and that 77% were male and 23% female. Additionally, in response to a Betfair Customer Online survey, based on a pool of 388 respondents, 55% of customers who used their mobile phones to bet did so when at the pub. Based on these statistics they stated that young adults who gambled were more likely to be male, more likely to be regulars in the pub environment and were more likely than not to use mobile gambling apps to place bets. They therefore believed that the ad depicted a common social environment where male and female characters were portrayed in a manner indicative of the statistical information available.
Furthermore, they said they had ensured that no character shown in the ad could be construed as being inebriated, all characters looked to be at least 30 years of age or older and there was not an excess of either open or empty glasses or bottles shown in the ad that could convey the impression that irresponsible drinking was being encouraged. They also asserted that the setting of the ad was not uncommon and other advertisers in the industry depicted similar settings in their ads.
Betfair said that the main character in the ad was sat with friends in a social environment, as opposed to being isolated, and was interacting with the wider group. At no time did the main character remove himself physically from the company of others, for example by leaving the table to focus on his bet, but instead remained at all times surrounded by others in a social environment.
They acknowledged that the ad depicted a heightened level of emotion or excitement, which they said was natural in decision making. They said the level of emotion or excitement shown in the ad was not only due to the decision making experience of the main character, but also the wider social context and the fact that he was in a public space, surrounded by likeminded sports enthusiasts who were all watching a very exciting game of football. They said that similar levels of excitement were on display from many of the other characters in the ad.
Betfair acknowledged that at times the close-up used in the ad could be read as showing the main character concentrating solely on the decision of whether or not to 'cash out' his bet, to the exclusion of what is happening around him, but they said this would be true of any depiction of decisions being made, gambling-related or otherwise. However, they added that the moment was very brief and was not excessive. The close-up captured the intensity of the moment and then quickly moved back to the social setting and the main character enjoying the televised game with his friends.
Clearcast fully endorsed Betfair's response. They said that the people shown at the table in the ad only had one drink each, and they were not seen ordering more, or even drinking. They said that no one appeared to be inebriated and all were concentrating on the football match. They said that the setting of the ad in the social context of a pub, watching a live football game, was very common and did not suggest social irresponsibility.
Clearcast said that the ad did not suggest that betting had taken a priority in the main character's life simply because he was shown betting whilst watching an event that allowed betting, in a social environment with his friends. He was not on his own, or at work, or in any other situation in which betting might be inappropriate. They considered that the context fitted the content of what he was doing.
Assessment
1. Not upheld
The ASA noted that the ad was set in a pub where the characters had alcoholic drinks in front them. However, we considered that going to a pub to watch televised sports was a common social occasion and that it was not uncommon for users of gambling apps to bet on the game they were watching whilst in a pub. Although the ad linked gambling with an occasion where alcohol was consumed we noted that no-one in the ad appeared to be inebriated and there was no implication that irresponsible drinking was taking place. We considered that the portrayal of alcoholic drinks was incidental and was not focused upon in the ad.
The main character in the ad was not seen drinking and although he was portrayed to be excited and nervous at times, he did not appear to be gambling under the influence of alcohol. For these reasons we concluded that the ad had not irresponsibly linked gambling with alcohol.
On this point we investigated the ad under BCAP Code rules 1.2 1.2 Advertisements must be prepared with a sense of responsibility to the audience and to society. (Social responsibility) and 17.3 and 17.3.1 17.3.1 portray, condone or encourage gambling behaviour that is socially irresponsible or could lead to financial, social or emotional harm (Gambling) but did not find it in breach.
2. Not upheld
We noted that the main character appeared, at times, to be ignoring the company around him and also that the close-up sequence implied he was excited and concerned about the outcome of the football game and how this affected his bet. However, we considered that this sequence was brief and the level of excitement shown was generally in line with the other characters who were watching the match. We also noted that he was not betting on large sums and that he did at other times engage with his friends and the other people in the pub. We did not consider that there was any indication in the ad, either through its setting in a pub or through its depiction of an excited user of the betting app, that the main character was a problem gambler.
Because the ad portrayed a scene that would be common to many users of the betting app and did not show or imply problem drinking or gambling, we concluded that it had not breached the Code on these grounds.
On this point we investigated the ad under BCAP Code rules 1.2 1.2 Advertisements must be prepared with a sense of responsibility to the audience and to society. (Social responsibility), 17.3, 17.3.1 17.3.1 portray, condone or encourage gambling behaviour that is socially irresponsible or could lead to financial, social or emotional harm and 17.3.4 17.3.4 portray gambling as indispensable or as taking priority in life; for example, over family, friends or professional or educational commitments (Gambling) but did not find it in breach.
Action
No further action necessary.
