CAP and BCAP consultation on the regulation of non-broadcast and broadcast gambling ads
17 August 2006
Why are CAP and BCAP proposing new rules for the regulation of non-broadcast and broadcast advertisements for gambling?
The Gambling Act 2005 provides an opportunity to look afresh at the regulation of gambling advertising by removing some statutory restrictions. The Gambling Act states that Ofcom is responsible for setting, reviewing and revising broadcast gambling advertising rules. Because Ofcom has contracted-out the regulation of broadcast advertisements to the ASA system, BCAP exercises that role. The Gambling Commission has invited CAP to write the non-broadcast rules to ensure consistency with the broadcast rules and in recognition of the ASA one-stop shop for advertising regulation.
What principles underpin the proposed rules?
Government policy is that gambling is a responsible leisure activity but that the reduction of harm must take precedence over the maximisation of innovation, choice and profit. The proposed CAP and BCAP rules are designed to ensure that all advertising is responsible, with particular regard to the need to protect children, young persons and other vulnerable persons from being harmed or exploited by advertisements that feature or promote gambling. The rules will ensure that gambling advertisements are fair and open and prevent links being drawn between gambling and crime or anti-social behaviour. Furthermore, in accordance with the Communications Act 2003, under which Ofcom contracted-out broadcast advertising regulation to the ASA system, BCAP strives to ensure that its regulatory activities are proportionate and do not unduly discriminate between advertisers and that advertisements are not harmful or misleading.
What do the rules cover?
The proposed gambling advertising rules apply to advertisements for betting, gaming and lotteries (as defined in the Gambling Act 2005), the UK National Lottery and spread betting. Spread betting advertisements will be subject to financial advertising rules also.
The other rules in the CAP and BCAP Codes, for example rules on misleading advertising, will apply to gambling advertisements,.
How will the rules be enforced to ensure the system is robust?
As for all CAP and BCAP Code rules, the finalised gambling rules will be administered by the Advertising Standards Authority (ASA). CAP and BCAP will carry out compliance, monitoring and research to enforce the rules. In the event of serious or recurring breaches of the non-broadcast rules, the ASA’s backstop regulator will be the Gambling Commission. The Gambling Commission intends to make compliance with the CAP and BCAP Codes a condition of the gambling operator licences it issues. It will have powers and sanctions to enforce its licence conditions and it will use them if necessary. Ofcom is the ASA’s backstop regulator for all broadcast advertisements and can act against Ofcom broadcast licensees after a referral from the ASA. The CAP and BCAP rules and enforcement mechanisms will ensure that future gambling advertisements are responsible and regulation is robust.
What is in the CAP and BCAP consultation document?
The consultation document outlines the regulatory framework for the advertising of betting, gaming and lotteries, the UK National Lottery and spread betting, the policy background to the proposed rules and CAP and BCAP’s approach to formulating them. To read the consultation document, click here.
How can I respond to the consultation?
CAP and BCAP welcome opinions on the consultation and supporting evidence to inform their decisions when finalising the rules. For more information on how to respond, click here.
The Consultation will close at 5pm on Friday 15 September 2006.
When will the finalised rules come into force?
The Gambling Act 2005 is due to come fully into force in September 2007. CAP and BCAP’s finalised gambling rules and BCAP’s finalised spread betting rules will become enforceable then.
Visit the gambling consultation section of the CAP website.