Ensuring your ads are a safe bet
26 February 2008
When the new gambling advertising rules came into effect on 1 September 2007 many detractors believed it would herald the start of the public being bombarded with gambling advertisements that were harmful and socially irresponsible. Now we are into the first quarter of 2008, two things are apparent: firstly, we have not seen a sudden proliferation of ads for betting and gaming services as some feared and, secondly, advertisers who have chosen to capitalise on the greater freedom to promote their services have taken note of the stringent rules that were laid down by CAP and BCAP. And we have noted a scarcity of ASA investigations and adjudications against gambling advertisements. So far, it is a good news story.
The positive dawn to the new regulatory landscape for gambling advertising casts the effectiveness of self-regulation in a good light. The commitment of the advertising industry to upholding strict standards is demonstrated in how CAP and BCAP responded to the Gambling Act 2005, which established a new legislative framework for gambling, by ensuring their Codes were suitably robust with a focus on protecting the young and vulnerable members of society. Working alongside regulatory partners Ofcom and the Gambling Commission as well as stakeholders such as the Department for Culture Media and Sport (DCMS), the framework that was put in place to prevent problem ads is working.
But the sector should not rest on its laurels. Grave concerns about gambling and the advertising of it persist both at a Governmental level and among some consumerist bodies, religious groups and gambling addiction charities. Advertising practices will continue to be scrutinized and the controversy surrounding the promotion of gambling as a leisure activity will not abate any time soon.
Adhering to the CAP and BCAP Codes is, of course, the best way to stave off the threat of more regulatory restrictions. Encouragingly, the first ASA investigation into complaints about a gambling TV ad found in favour of the advertiser. But the fact that the watchdog is receiving complaints should serve as a reminder of the importance of hedging your bets and making sure you know the rules when planning your campaign.
Two TV ads, for the bookmakers Ladbrokes, prompted four complaints that both ads were irresponsible because they: suggested gambling was a way to gain recognition or admiration; suggested peer pressure to gamble; linked gambling with toughness; featured celebrities who might appeal to children and could exploit the inexperience of children. The ASA challenged whether the ads were irresponsible because they showed the characters in the ad acting in an adolescent and juvenile way.
The ads, which featured several well known TV football pundits dressed up as builders and sitting in a cafe discussing which team was likely to win the football league, were exonerated by the ASA. Not only was it a landmark adjudication in terms of it being the first decision based on the new code clauses, it also served as a litmus test of how the new clauses would be interpreted and applied by the ASA Council. Read the adjudication.
Advertisers who are considering launching a non-broadcast campaign for a betting or gaming service are encouraged to consult the CAP Copy Advice team for independent, confidential and expert advice. Those launching a broadcast campaign will have to run their ads by Clearcast (formerly the BACC) or the Radio Advertising Clearance Centre (RACC) before they can be aired. Any advertiser who is unfamiliar with the Code requirements surrounding gambling advertising is encouraged to consult CAP or BCAP or the Gambling Commission for guidance. The ad codes and guidance notes are available in full on the CAP and BCAP website and the Gambling Commission can deal with questions about licence conditions and its codes of practice. Factoring in those safety checks when preparing a campaign will help to ensure that gambling advertising continues to be odds-on favourite for compliance with the CAP and BCAP Codes.