UK LEGAL COMMENT
Search activity The new version of the code requires that search advertisements must contain an 18+ and safer gambling message. This applies to paid-for keyword adverts with Google (and other search engines). The BGC is expected to publish a blacklist of negative
keywords against which no gambling advertising will be served, including keywords relating to problem gambling and underage gambling. Operators will be required by the code to incorporate this blacklist into their search engine campaigns and ensure that their affiliates do the same.
if they have self-excluded, entered a “cooling off period” (presumably this means a time-out under SRCP 3.3.4) or are designated as “higher risk” by the operator. The “reasonable endeavours” requirement recognises that this will be difficult to achieve in practice. In particular, GDPR is likely to make it challenging for operators to share the necessary player data with the likes of Facebook and Twitter, even if those platforms were able to identify and exclude users on an individual basis. Finally, under the new version of the code, operators will be obliged to use their own social media pages to post “frequent” safer gambling information. “Frequent” is to be interpreted taking into account how active their social media accounts are. This doesn’t provide particular assistance in determining how often to post, but provided a reasonable assessment of appropriate frequency is made and documented the Gambling Commission is likely to be satisfied.
Promoting consumer awareness A new requirement has been included that operators provide information to consumers on how they can limit their exposure to gambling adverts across “the largest” social media platforms. This should be displayed somewhere that is easily accessible and sufficiently prominent. The code suggests that the industry may adopt a common landing page for this information, so it may be that the BGC provides a webpage for operators to link to before 1 October.
Affiliates The code’s expectations have also increased in relation to operators’ control of their affiliates. The former “encouragement to use best endeavours” has been upgraded to an “expectation” that operators will to ensure compliance with the code by their affiliates. The new code also requires that all affiliates be subject
to due diligence and PEPS/sanctions checks, with KYC checks also conducted if relevant. If they don’t already do so, operators’ contracts with affiliates will need to include a requirement to comply with a Code of Conduct, with contracts to be terminated for non-compliance “preferably on a one strike and you’re out rule”. This Code of Conduct needs to includes requirements that the affiliate will comply with advertising rules and CAP guidance, mark all adverts with “#ad” and share safer gambling content on an agreed frequency.
Next steps Before 1 October, operators will need to review their advertising arrangements with social media organisations, search engines and affiliates. Consideration should be given to whether it is possible to prevent social media adverts from being shown to customers designated as higher risk or subject to a time-out or self-exclusion and, if compliance with this is not possible, the reasons documented. Consideration should also be given to the appropriate frequency of safer gambling messaging on the operator’s social media and what frequency will be set for their affiliates.
Melanie is a gambling regulatory lawyer with 13 years’ experience in the sector. Melanie advises on all aspects of gambling law including licence applications, compliance, advertising, licence reviews and changes of control. She has acted for a wide range of gambling operators including major online and land-based bookmakers and casinos, B2B game and software suppliers and start-ups. She also frequently advises operators of raffl es, prize competitions, free draws and social gaming products. Melanie has a particular interest in the use of new technology for gambling products and novel product ideas.
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