Ad description
A TV ad for a gambling website, www.stanjames.com, seen on 2 July 2016, featured a horse with a black background and a voice-over that stated, “This is a horse. Sure, you can put a saddle on it. Bridle and reins. You can put a jockey on it too. You can even put a fancy name on it. But none of that matters, unless, you put a bet on it. Visit stanjames.com. With our best odds guaranteed. Stan James for the bettors”.
Issue
The complainant objected that the ad was socially irresponsible because it portrayed gambling as indispensable.
Response
SJU Ltd t/a Stanjames.com stated that horse racing was historically and culturally associated with gambling as demonstrated in UK legislation, which had established The Horserace Betting Levy Board in 1961. They stated that the horse racing industry relied heavily upon this levy and the discretionary spend of players and owners for its funding.
Stanjames.com stated that the voice-over referred to the close association of horse racing and gambling and suggested to viewers that they could have a more immersed experience by placing a bet. They believed that the ad was light hearted in its tone – indicated by the line “you can even put a fancy name on it” – and that viewers would not interpret the ad’s voice-over to mean that gambling was indispensable or took priority in life.
Stanjames.com quoted from the CAP guidance on the rules for gambling advertisements (non-broadcast and broadcast), stating “It is generally acceptable to show gambling as being important and interesting to characters, as long as it is not to the exclusion of other activities or interactions with people”. They stated that while the ad suggested that gambling was important to viewers with an interest in horse racing, there was no indication that this was to the exclusion of other activities, such as interacting with people or that it was indispensable to horse racing and took priority in life.
Clearcast stated that the line “Sure, you can put a saddle on it, bridle and reins. You can put a jockey on it too. You can even put a fancy name on it” made clear that the featured horse was specifically a racehorse and that the ad was clearly promoting gambling.
They believed that the voice-over’s reference to putting a saddle, bridle and reins on a racehorse would be meaningless unless viewers intended to make a bet, since the primary purpose of a racehorse was to be betted on.
Clearcast believed that the voice-over did not suggest that nothing else mattered in horse racing other than gambling, but that a racehorse with no one betting would somehow be meaningless. They further stated that the ad in no way implied gambling was more important than any other activity or that it was indispensable or took priority in life to the detriment of other pursuits.
Regarding the voice-over stating “But none of that matters … unless you put a bet on it” Clearcast believed was clearly addressed to gamblers who were already considering making a bet rather than the wider public and therefore, did not promote or encourage gambling in an unsociable or irresponsible way.
Assessment
Not upheld
The ASA acknowledged that the ad was promoting gambling on horse racing, which we understood had strong appeal to those who followed the sport.
The voice-over stated “This is a horse. Sure, you can put a saddle on it. Bridle and reins. You can put a jockey on it too. You can even put a fancy name on it. But none of that matters, unless, you put a bet on it.” We considered viewers would understand this as Stanjames.com’s view of the importance of betting to horseracing, rather than a literal suggestion that gambling was indispensable. Furthermore, given that the ad was clearly marketing a betting service, we considered that the voice-over was addressing the enjoyment aspect of gambling that consumers experienced.
We therefore considered that the ad did not portray gambling as being indispensable and concluded it was not socially irresponsible.
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 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.
