JOELSON


New Guidance on UK Gambling Advertising


Simon Wallis – Litigation Associate at London Law Firm, Joelson – examines the new guidelines encouraging operators to advertise more responsibly.


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n April, the Committee of Advertising Practice (CAP) introduced new guidance aimed at encouraging gambling operators in the UK to use responsible advertising practices. This follows concerns voiced by


the UK Government as to the potential negative effects of gambling advertising. The Gambling Act 2005 removed


advertising prohibitions for gambling products. This deregulation, along with the proliferation of new methods by which operators can communicate with customers (e.g. social media and mobile apps) and the growth of digital gambling platforms, has seen an explosion in the prevalence of gambling advertising in the UK. Against this backdrop, and perhaps unsurprisingly, the UK Advertising Standards Authority (ASA) and the Gambling Commission have, of late, taken an increasingly tough stance on gambling advertising.


The CAP Guidance


The new guidance provides gambling operators with clarification as to the correct interpretation of the UK Code of Non- broadcast Advertising and Direct & Promotional Marketing (CAP Code) and the UK Code of Broadcast Advertising (BCAP Code) – which lay down the key rules that advertisers in the UK must follow. The guidance makes it clear that UK gambling operators must:  Prevent the trivialisation of gambling (in particular, the damaging effect of repetitive play);


 Restrict any advertising that creates an inappropriate sense of urgency;


 Remove approaches that give an inaccurate perception of risk (e.g. “Risk Free Deposit Bonus”);


 Avoid portraying certain problem gambling behaviours and associated behaviours in advertisements, even indirectly;


 Refrain from emphasising money-motives for gambling; and


 Take particular care to protect vulnerable groups (e.g. problem gamblers).


Aspects of the guidance are, unfortunately, vague. However, the following important points can be drawn:


Protection of vulnerable people The guidance points to men between 18 and 34 as being at a heightened risk of irresponsible gambling behaviour. Accordingly, adverts targeting men in this age range may be at a greater risk of being penalised.


Marketing departments should audit their existing adverts to ensure they are not in breach


“ Urgency ”


In light of behavioural psychology research which identifies impulsive decision making as a risk factor for problem gambling, the guidance states that “Offers such as live odds or in-play betting… should not be presented in such a way that creates an unjustifiable sense of urgency”. What counts as ‘unjustifiable’ remains unclear; however, it is clear that urgent calls for action, such as ‘Bet Now’, are likely to be regarded as breaches of the CAP/BCAP Codes. There is, clearly, a particularly fine line for


operators to tread when advertising in-play betting – where a certain level of urgency naturally exists given the nature of the bets. Accordingly, when producing advertising for in-play betting, operators should err on the side of caution.


What Now


As the new guidance will be used by the ASA when considering future complaints about advertisements, it is vital that gambling


JULY 2018 59 Simon Wallis


operators act quickly to ensure any existing adverts they are running in the UK comply with it. Marketing departments should therefore audit their existing adverts to ensure they are not in breach. Marketing departments should also bear the guidance in mind during future campaigns – taking particular care to ensure that social media campaigns comply with the regulations, as some operators are occasionally tempted to not give such campaigns the same level of scrutiny as, for example, television or print campaigns. Operators should also provide clear guidance and training to their staff on ‘best practice’, as part of their social responsibility procedures and policies. Those unsure of what the new guidance means for them should seek legal advice to ensure their adverts and advertising policies are compliant with the CAP/BCAP Codes. Failing to act now could lead to significant fines or reputational damage.


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