search.noResults

search.searching

saml.title
dataCollection.invalidEmail
note.createNoteMessage

search.noResults

search.searching

orderForm.title

orderForm.productCode
orderForm.description
orderForm.quantity
orderForm.itemPrice
orderForm.price
orderForm.totalPrice
orderForm.deliveryDetails.billingAddress
orderForm.deliveryDetails.deliveryAddress
orderForm.noItems
UK LEGAL COMMENT


Upcoming Changes to Gambling Advertising Guidance


Northridge Law’s Melanie Ellis reviews the substantial forthcoming changes to advertising guidance for the UK industry


T


he Advertising Standards Authority (ASA) is responsible for administering and enforcing the CAP and BCAP advertising codes. The ASA’s own enforcement action against advertisers is often seen as a “slap on the


wrist”, however for gambling operators compliance with the codes is (effectively) a condition of their UK operating licence. Non-compliance can lead to a licence review, fine or even licence suspension or revocation in serious cases. To supplement its codes, the ASA also publishes guidance to advertisers of gambling services. This is one step further removed from the codes and there is technically no obligation on advertisers to follow the guidance. However, the guidance explains how the ASA will interpret the codes. It is likely to find an advertiser in non-compliance with the codes if it has not followed the guidance. The ASA has recently published changes to its guidance, which will come into effect on 1 November 2021. The additions to the guidance result in fairly significant new restrictions on the content and tone of gambling adverts.


Erroneous perceptions of risk and control


A development that will be of particular interest to those advertising poker products or competitions is that gambling adverts will be restricted in terms of emphasising the skill involved. This is seen as creating a risk that customers will misunderstand the risks involved. The new guidance relates to the interpretation of the code provisions which require that does not portray gambling that is socially irresponsible or could lead to financial, social or emotional harm. The ASA considers that this rule is likely to be breached by adverts which: • present complex bets or other gambling products in a way that emphasises the skill, knowledge or intelligence involved and could therefore lead to erroneous perceptions of risk or control,


• present gambling as a way to be part of a community based on skill, or


• state or imply that offers (such as those involving money back, ‘free’ bets or bonuses, or enhanced odds) are a way to reduce risk. In its review of responses to its consultation exercise


the ASA acknowledges that “the new provision does not restrict promotion of online poker games on the basis


26 SEPTEMBER 2021


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40  |  Page 41  |  Page 42  |  Page 43  |  Page 44  |  Page 45  |  Page 46  |  Page 47  |  Page 48  |  Page 49  |  Page 50  |  Page 51  |  Page 52  |  Page 53  |  Page 54  |  Page 55  |  Page 56  |  Page 57  |  Page 58  |  Page 59  |  Page 60  |  Page 61  |  Page 62  |  Page 63  |  Page 64  |  Page 65  |  Page 66  |  Page 67  |  Page 68