CAP has published the outcome of a consultation on a proposal to amend the Gambling section of the CAP Code.

The rule prohibiting the appearance of individuals who are or appear to be under the age of 25 from appearing in marketing communications for gambling products will be amended to create a narrow and targeted exemption for betting websites. The move follows industry concern over CAP’s online remit extension and its application to betting websites, which led CAP to consult publically on the amendment.

Before March 2011, when betting websites were regulated only by the Gambling Commission, marketers were permitted to use individuals under the age of 25 when they were the subject of a bet being offered – for example, a footballer to score first during a game – provided that the depiction showed the player in the context of the bet being offered and not in a manner that might promote the gambling operator or gambling more generally.

CAP took the decision to consult publically on the matter as, whilst it recognised the technical nature of the industries' concern, it believed it important to ensure that any changes would not result in significant harm to children or an undermining of the protections offered by the Code.

Following its evaluation of the consultation responses, CAP is satisfied that a narrow exemption to restore the status quo prior to CAP’s online remit extension is justified.

For full details of CAP’s decision please see its Regulatory Statement.

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