Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
Under section 16 of the CAP Code marketers should not link gambling to seduction, sexual success or enhanced attractiveness. Rule 16.3.8 of the CAP Code states:
“Marketing communications must not link gambling to seduction, sexual success or enhanced attractiveness.”
This rule is designed to ensure that gambling ads do not exploit emotional or social insecurities, or suggest that gambling can improve romantic or sexual prospects.
In 2009, the ASA upheld complaints about an ad that showed a confident man sitting between two glamorous women and was headlined, “We believe all traders deserve privileges.” The ASA noted the women were touching the man's arms intimately and considered that readers were likely to infer from the ad that one of the rewards of success with spread betting was enhanced attractiveness and increased sexual success (Spreadex Ltd, 11 February 2009).
Another ad that breached that clause featured a short man sitting in the back of a stretched limousine, holding a cigar and a glass of champagne and flanked by two glamorous-looking women. The text stated, “WHO SAYS YOU CAN’T MAKE MONEY BEING SHORT?” Although it acknowledged that the ad was a play on the traditional stereotype of attractiveness, that was sometimes prejudiced against shorter men and the pun of “going short”, the ASA considered that the ad implied short men could be more attractive with greater wealth acquired by gambling. The ASA decided the ad was irresponsible because it linked gambling with sexual success and enhanced attractiveness (Paddy Power plc, 23 April 2008).
A poster ad for Wink Bingo, which appeared on the side of a bus, featured topless men smiling and pointing towards text stating "£35 FREE* Go on ... you know you want to". Whilst the ASA noted that the complainant believed this was a link between gambling and sex, they also noted that the men were not positioned in a sexually suggestive manner, and that the phrase “Go on ... you know you want to” was related directly to a £35 offer rather than the topless men. In light of this the complaint was not upheld (Cassava Enterprises (Gibraltar) Ltd t/a WinkBingo.com, June 2013).
In 2019 a sponsored message on the dating app Tinder stated “Stuck in the friend zone? You won't be for much longer if you use this Cheltenham free bet offer.” The ASA considered that the claim suggested that those who gambled would be more likely to develop a friendship into a sexual relationship and therefore linked gambling with sexual success. Therefore the ASA concluded that the ad breached the Code (WHG (International) Ltd, 1 May 2019).