ADVERTISING
exaggerated cartoon-style graphics are likely to be considered to have particular appeal to under-18s, as are cartoon animals. Characters from, or similar to those from, children’s TV, films, nursery rhymes and fairy tales are similarly at risk of being particularly appealing to children. The names of games such as “Piggy Payout”, “Fluffy Favourites”, “Pirate Princess” and “Jack and the Beanstalk”, depending on the context, could also be seen to have particular appeal because they contain elements familiar to children and young persons which may contribute to their appeal to that group.
So what are you supposed to do? If the ad is ‘freely accessible’ and the content is of particular appeal to children or young persons, that ad will break the rules. It is therefore up to you to ensure that you don’t feature content that is of particular appeal to under-18s in ads that are freely accessible by removing the content completely or moving it to where it can only be accessed by an audience that has gone through sufficiently robust steps to verify that they are of an appropriate age. We strongly advise that marketers review all of their ‘freely accessible’ ads for gambling products or games, including ‘play-for-free’ games, paying particular attention to the images
displayed on their websites or social media, and in third party media. This includes content created by affiliates because this is equally covered by the CAP Code and gambling operators are held, at least jointly, responsible for the content created by their affiliates. Unsure whether your ad has particular appeal
to under-18s, whether the placement makes it ‘freely accessible’ or whether it’s even covered by the Code? The best approach is a cautious one. If you’d like a view on anything you’re not sure about, submit a query to our Copy Advice team for free advice.
You can find out more about the
work the ASA and CAP do on their website. You can also find a full
copy of the Advertising Codes, read their recent Rulings and find
further advice on how to ensure your advertising remains
compliant, including Advertising Guidance on the rules for gambling advertising.
DECEMBER 2017 55
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