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Gambling, betting and gaming: Tipsters
The Betting and Gaming section of the Code does not deal specifically with betting tipsters
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Gambling, betting and gaming: General
Gambling, betting and gaming: Featuring under 25's, Betting and gaming: Sex and sexual success … , Gambling, betting and gaming: Personal success and Betting and gaming: Personal & financial problems
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Gambling, betting and gaming: Lotteries
overseas lotteries may not be advertised in the Great Britain. See other relevant Betting and Gaming, Sales … Northern Ireland are likely to be subject to the Betting, Gaming, Lotteries and Amusements (Northern
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Gambling, betting and gaming: Appeal to children
betting and gaming ads should not have strong appeal to them, especially by reflecting or being … that the advertisers had taken sufficient measures to send it only to over-18s (Ladbrokes Betting … & Gaming Ltd, 17 May 2017). Although the Iron Man theme in itself was considered likely to have
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Gambling, betting and gaming: Free bets and bonuses
significant conditions and Gambling, betting and gaming: General … on casino games and free bets for new customers. As well as complying with the rules in Section 16
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Gambling, betting and gaming: Featuring under 25's
The Gambling (Licensing and advertising) Act 2014 took effect on 1 November 2014. It contains provisions relating to the licensing of gambling operators advertising or offering remote gambling facilities to consumers in the UK. We urge you to seek legal advice regarding the requirements of the act if you are unsure. Marketing communications for gambling products must not include a child or young person. When considering the age of those who you wish to feature in a marketing communication for a gambling product there are three key things to know: under 25s may not be featured in the majority of gambling ads, there are limited, specific circumstances where it may be acceptable to feature under 25s in marketing communications online however, featuring under 25s in marketing communications on social media is unlikely to be acceptable. Under 25s cannot be used in the majority of gambling ads The CAP Code states that no one who is, or seems to be, under the age of 25 should be featured gambling or playing a significant role in an ad for a gambling product (rule 16.3.14). For example, a press ad featured Luiz Suarez wearing a football shirt, and stated "MONEY-BACK IF SUAREZ SCORES. LIVERPOOL V MAN UTD. IF SUAREZ SCORES WE'LL REFUND LOSING BETS". A complaint was received that Luiz Suarez was 24 years old at the time the ad appeared and the advertiser was told not to feature Suarez or other sportspeople under the age of 25 (Paddy Power Plc, 4 January 2012). In another ruling, a tweet which featured a child jumping in the air while holding a golf club and ball was found to breach the CAP Code because it featured a child (WHG (International Ltd) t/a WillHillBet, 17 June 2015). Under 25s can appear in some online gambling ads Following a consultation, in 2013 CAP relaxed rule 16.3.14 insofar as it applied to websites or similar media where a bet can be placed directly. Rule 16.3.14 now states: “Marketing communications must not include a child or a young person. No-one who is, or seems to be under-25 years old may be featured gambling. No-one may behave in an adolescent, juvenile or loutish way. Individuals who are, or seem to be under 25 years old (18-24 years old) may be featured playing a significant role only in marketing communications that appear in a place where a bet can be placed directly through a transactional facility, for instance, a gambling operator’s own website. The individual may only be used to illustrate specific betting selections where that individual is the subject of the bet offered. The image or other depiction used must show them in the context of the bet and not in a gambling context.” The wording of the rule effectively means that marketers offering a bet through a medium where that bet can be placed directly (e.g. on a gambling operator’s own website) can feature individuals under the age of 25, but only when that individual is the subject of the bet being offered. Under 25s are unlikely to be acceptable in gambling ads on social media In October 2015, the ASA ruled that three separate tweets, by different gambling operators, all of which featured an image of the golfer Jordan Spieth, breached the Code by featuring someone under the age of 25. All three of the tweets appeared on the gambling operators’ own X (formerly Twitter) feeds and featured a photo of the golfer Jordan Spieth either playing golf or holding a trophy. The ASA ruled that, because the tweets featured Jordan Spieth, who was under the age of 25, playing a significant role and they had not appeared in a place, such as on their own website, where a bet could be placed directly through a transactional facility, the tweets breached the Code (Coral Interactive (Gibraltar) Ltd, Hillside (UK Sports) LP t/a Bet365, Petfre (Gibraltar) Ltd t/a Totesport, 28 October 2015). See also "Betting and gaming: General" Updated 28/10/2015
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Gambling, betting and gaming: Betting, spread betting and offshore betting
The Gambling Act 2005 has been in effect since 1 September 2007, and The Gambling (Licensing and advertising) Act 2014 took effect on the 1st November 2014. The Gambling Act does not apply outside Great Britain. Therefore, if advertising in Northern Ireland or the Channel Islands , then Specialist legal advice should be sought. The CAP Code Spread betting Off-shore bookmakers The CAP Code Section 16 of the CAP Code contains rules that apply to ads from gambling operators licensed in Great Britain that are likely to have the effect of promoting gambling. This section states that, among other rules, marketers should not exploit the young or vulnerable nor imply gambling can solve financial or personal problems or is indispensable, a rite of passage or linked with sexual success. Spread betting Spread betting may be advertised as an investment under the auspices of the Financial Conduct Authority (FCA). As well as FCA compliance, ads for spread betting need to comply with CAP Code Section 14, which covers financial products and requires marketers to ensure financial products are, for example, set out in a way that allows them to be understood easily by the audience being addressed. Since September 2007, spread betting ads must also comply with the Betting and Gaming section of the Code. Off-shore bookmakers Since 1 September 2007, off-shore bookmakers offering offshore betting may advertise in Britain, provided they are licensed by the Gambling Commission or are based in an European Economic Area (EEA) country or in a jurisdiction that the Secretary of State for Culture, Media and Sport has permitted to advertise gambling in the UK (‘white listed’).
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Gambling Advertising Survey 2010
Reports and surveys looking at gambling, betting and gaming advertisements and the proportion that are sticking to the rules.
Reports and surveys looking at gambling, betting and gaming advertising to ensure it’s in line with the rules. Previous surveys:
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Celebrities
Using celebrity endorsements in an ad can increase awareness of the brand. The downside is that ASA rulings against ads which feature celebrities tend to get significant media attention so it’s worth ensuring the ad complies with the Code. The key things to remember when featuring celebrities are: Endorsements must be genuine Claims must be accurate Avoid the social media pitfalls Remember age matters (in alcohol and gambling ads) Be aware of sector restrictions Be responsible Seek permission Endorsements must be genuine Advertisers should not make claims like "Treatment already a favourite with celebrities such as Helen Mirren and Jennifer Lopez", unless they hold evidence that this is true (Go Groopie Ltd, 21 August 2013). See 'Testimonials and endorsements'. Claims must be accurate Marketers must hold evidence to support claims made in ads, including in testimonials (see 'Claims in testimonials and endorsements'). Claims can be made visually as well, so photos should not exaggerate the efficacy of a product. There have been a number of ASA rulings against cosmetics ads where the use of production techniques exaggerated the efficacy of the product. Advertisers should remember when using people in the public eye, consumers are likely to be able to spot where there has been an over liberal use of such techniques. For specific examples please see 'Cosmetics: The use of production techniques'. Avoid the Social media pitfalls Genuine user generated content on websites does not fall within the Code’s remit. This includes content spontaneously created by celebrities on social media channels. This means if a celebrity spontaneously tweets about a brand and consumer complained, it would not be investigated by the ASA. However, if a celebrity is being paid to endorse a product on social media, it needs to be clear that the communication is an ad. Essentially, that means making it easy for the average consumer to be able to judge whether or not they are looking at an ad. If you’re getting a celebrity to endorse your brand, then they too have to adhere to this rule. Using a marketing campaign hashtag or slogan may be insufficient to indicate a tweet is an ad, as is shown by the ASA’s ruling against tweets from Wayne Rooney and Jack Wilshere (Nike UK Ltd, 20 June 2012). However, when Wayne Rooney included the advertiser’s X (formerly Twitter) handle as well the ASA did not uphold complaints (Nike (UK) Ltd, 4 September 2013). If in doubt, consider including “#ad”. See 'Remit: Social Media'. Remember age matters (in alcohol and gambling ads) Celebrities who are, or look, under 25 cannot play a significant role in alcohol ads. This means marketers should not use celebrities to promote their product if they are under the age of 25. Alcohol may not be associated with people under 18 or reflect their culture. Featuring or referring to celebrities who are over 25 but associated with youth culture can still fall foul of the Code. An ad for Sourz was found to breach the Code for having particular appeal to young people, based in part, on the references to Nicole Scherzinger and Leona Lewis. An ad for Smirnoff, which featured Madonna, was not considered to have particular resonance with younger audiences. See 'Alcohol: Use of celebrities'. Celebrities who are, or look, under 25 cannot be featured in gambling ads unless they are the subject of the bet being offered and the bet can be placed directly. See 'Betting and gaming: Featuring under 25s'. Gambling ads must not be likely to be of strong appeal to people under 18, which includes featuring celebrities who are likely to have a strong appeal to those aged under 18. Such ads must not include people whose example is likely to be followed by those aged under 18. See 'Gambling, betting and gaming: Appeal to children'. Be aware of sector restrictions While alcohol and gambling ads have to take care with any celebrities they feature, other sectors prohibit celebrities appearing in ads. Marketers must not use celebrities to endorse medicines. Celebrities may endorse cosmetic interventions but the endorsement should not detract from the seriousness of the intervention offered. See 'Health: Celebrities and health professionals'. In ads for foods and food supplements, health claims that refer to the recommendation of an individual health professional may not be made. This includes celebrity health professionals. Ads for food/soft drink products that are high in fat, salt or
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