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UK LEGAL COMMENT


Advertising gambling on social media


A


ccording to ITV data recently highlighted by the UK’s Betting and Gaming Council, 47% fewer gambling adverts were shown on TV during the Euros group stage, compared to those shown during the same stage of the


World Cup three years ago. This refl ects a general reduction in TV advertising for gambling in the UK, due primarily to the increasing constraints such as the whistle-to-whistle ban. Instead, gambling operators are often turning to online advertising, which frequently involves the use of social media – be that the operator’s own account on platforms such as Twitter or Facebook, or paid for messaging by celebrities and infl uencers popular on Instagram, YouTube or TikTok. The variety of platforms and users generating content


creates a minefi eld for gambling operators, with a number of different sets of rules and restrictions in place. The Gambling Commission, Advertising Standards Authority (ASA), Competition & Markets Authority (CMA), Trading Standards and the Betting and Gaming Council (BGC) have all set requirements for social media marketing.


Age restrictions


One of the key hazards for operators to avoid is having their marketing communications directed at children and young people who are under 18 years old. The ASA imposes three key rules for this through its CAP Code and guidance: 1. gambling advertising must not appear in media where children or young people make up a signifi cant proportion – more than 25% – of the audience;


2. advertising messages must not include anyone aged under 18, nor include anyone aged (or appearing to be aged) under 25 either gambling or playing a signifi cant role, and;


3. adverts must not be likely to be “of particular appeal” to under 18s, especially by refl ecting or being associated with youth culture. The Industry Code adds to this, with safeguards for


marketing content that operators must apply on their social media channels and in paid-for social media advertising. Paid-for YouTube adverts and the operator’s own YouTube content must be age restricted to 18+ on the platform. On Facebook and SnapChat, gambling adverts must be targeted at those aged 18+, while adverts on other social media platforms (which have yet to be placed on the BGC’s “white list”) must be targeted at consumers aged 25+.


24 AUGUST 2021 Campaign


Northridge Law’s Melanie Ellis examines the thorny issue of gambling advertising across social media


The Guardian


William Hill and Bet365 have both been the subject of rulings by the ASA in relation to their tweets, due to featuring underage individuals. William Hill tweeted about the Masters golf tournament and used an image of a child jumping in the air while holding a golf club – this was disallowed as an advert for gambling should not feature anyone under the age of 18. A tweet by Bet365 about Jordan Spieth was also challenged on a similar basis, because the golfer was then aged under 25 and played a signifi cant role in the advertising message. These tweets did not mention the possibility of placing bets on the tournament / athlete in question, but were nevertheless commenting on an event on which bets were taken (and included links to the website where bets could be placed). A recent ruling in relation to Ladbrokes, however, found that a Facebook post featuring characters from the Goonies was not in breach of the code, despite appearing in a non-age gated environment. The advert was challenged by a complainant who considered that the film was of particular appeal to children, but the ASA considered that as the imagery was not “colourful, cartoonish, or otherwise presented in a way that was likely to resonate with children” it was more likely to have general or adult appeal. The ASA imposed a test of whether the advert would appeal “more strongly to under-18s than…to over-18s”.


Whilst the CAP Code and Industry Code do not carry


the force of law, compliance with them is mandated by the Licence Conditions and Codes of Practice (LCCP) set by the Gambling Commission.


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