UK LEGAL COMMENT
Lockdown restrictions on UK casino advertising
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products from on or before 7 May 2020, until at least 5 June 2020. Online advertising for casinos has not been affected by this commitment, nor has TV and radio advertising of lottery products, bingo and sports betting. At the time of writing, the BGC has not issued a
further update as to whether casino adverts may resume on TV and radio from 6 June. However, it would not be unreasonable to expect that advertising might resume at some point in the coming weeks, given that the information available so far has not necessarily borne out the initial concerns. Data gathered by the UK Gambling Commission
Northridge Law’s Melanie Ellis explores how advertising restrictions and interpretation may differ thanks to lockdown and social distancing
T 32 MAY/JUNE 2020
he UK’s Advertising Standards Authority (ASA) warned early on in the COVID-19 lockdown that the situation had created a “captive audience” and that, to some gambling may be “seen as an escape from the situation” with
“such vulnerabilities heighten[ing] risks associated with gambling”. GambleAware expressed similar concerns in information published in April, stating that “those experiencing financial stress may use gambling as a way to cope or fill time”. In response to these concerns, the UK’s Betting and Gaming Council (BGC) announced that its members would cease all TV and radio advertising of gaming
(UKGC) indicates that, contrary to expectations, fewer customers have been gambling during the lockdown period and a very small number (0.2%) of adults have started gambling for the first time. This data only shows us the differences between figures from March 2019 and March 2020, so do not give us the full picture of gambling behaviour in April and May, nor does it reflect the impact of the BGC’s voluntary media advertising ban during May. But at the time of announcing this measure, the BGC’s members had already seen a drop in online gambling revenue of 30%, with total revenues down 60% (including lost revenue from closed land-based venues). The National Gambling Helpline experienced a
reduction in calls during late March and April and, whilst this may have a variety of causes, it does imply that there has not been an increase in the number of individuals having concerns about their gambling during this time. Nevertheless, if TV and radio advertising is given the
green light to resume, casino operators should approach this in a cautious way. The ASA has made it clear that it “will be taking firm action against gambling advertising” that does not meet the standards set out in its CAP and BCAP codes and that such action will take into account the context of the crisis. This strongly implies that adverts will be held to a higher standard, with the codes interpreted in light of the fact that viewers of advertising may be more vulnerable and likely to exhibit different behaviour. The ASA has encouraged people to report any gambling adverts that refer to the COVID-19 crisis, the lockdown, or use themes relevant to the crisis such as boredom or family difficulties. The ASA has not yet issued rulings on any gambling
adverts shown during the lockdown period, but its recent ruling on a March 2020 advert by Coral (part of the GVC group) demonstrates it is tending to take a strict approach. During the Cheltenham Festival, Coral’s corporate account tweeted that customers could “get your stake back as a free bet if your horse fails to finish on all races” – a common promotion offered by betting operators.
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