Following on from its 30 March 2020 call to consumers to “Report a Coronavirus related ad”, the Advertising Standards Authority has now published the following “Gambling Advertising and Lockdown” warning on its website:
The conduct of the online gambling industry, including the nature and frequency of its advertising, is under particular scrutiny during this period of national emergency.
‘Lockdown’ has created a ‘captive audience’. Many people are anxious and uncertain about the future and a significant number face financial hardship. To some, gambling may even be seen as an escape from the situation they now find themselves in. Such vulnerabilities heighten risks associated with gambling.
That’s why we’re warning gambling operators to pay even more attention to their responsibilities under the Codes during these uncertain times.
The ASA’s protection of the vulnerable includes people who are innately vulnerable – under-18s who are not legally of age to gamble – and those who are ‘situationally’ vulnerable. The UK Advertising Codes are clear that marketing for gambling products must not be:
- irresponsible in its use of content or themes that might exploit vulnerabilities; or
- targeted through its content or placement at under-18s.
We will be taking firm action against gambling advertising that does not meet these standards, taking into account the context of the crisis and how it might affect consumers’ expectations and behaviour.
Encouraging consumers to report problems
The announcement of a formal national lockdown has led to consumer protection concerns. We recently launched a reporting process for people to quickly notify the ASA of COVID-19 related claims in ads, often for health-related products, that take advantage of anxieties and vulnerabilities during the pandemic. This will allow swift action to be taken at a time of heightened risk for consumers. Gambling advertising is no different.
Alongside our ordinary complaints processes, the ASA would encourage people to report gambling ads that:
- refer to the COVID-19 crisis or related matters, such as the government’s lockdown policy; and / or
- include claims or themes that are of particular concern in the current climate (e.g. ads that refer to relieving boredom, repeated play or personal problems like family difficulties).
In ordinary times, ads following this kind of approach are likely to raise compliance concerns. The present circumstances exacerbate this, so the ASA will not hesitate to take firm action against irresponsible messaging in gambling ads. To this end, we will continue our close working relationship with the UK’s licensing authority, the Gambling Commission, to identify issues and enforce compliance.
Setting standards, tackling irresponsible ads
CAP has published extensive guidance on its rules that protect adult audiences from irresponsible gambling ads. It sets out the kinds of approaches in gambling advertising that are likely to be irresponsible; primarily because they exploit people’s vulnerabilities or encourage irresponsible behaviour.
The ASA will pay particular attention to the context of the present crisis and its effect on people viewing gambling ads. Areas of particular concern include ads that:
- trivialize gambling (e.g. encourage repetitive or frequent participation);
- refer even indirectly to indicators of problem gambling behaviour (e.g. solitary play, playing late at night, pre-occupation with gambling or isolating oneself from others;
- refer to personal problems (e.g. that gambling can provide an escape); and
- seek to exploit financial concerns
Limiting exposure for under-18s
The other key protections in the Codes prohibit targeting of under-18s. Gambling ads must not:
- appear in media for under-18s;
- appear in other media where under-18s are likely to comprise more than 25% of the audience; or
- be targeted at those who are known to be or are likely to be under-18 through the use of data such as that available in media like social networking sites, video sharing platforms and online display ad networks.
The ASA recently carried out compliance and enforcement activity following a ground breaking monitoring exercise using avatar technology. This allows us to accurately simulate a child’s online browsing profile to assess the ads served to it. Most gambling operators were found to be in compliance with CAP’s targeting rules; there were however breaches, which the ASA took action against.
The ASA will be repeating this kind of technology driven compliance work at several points this year and gambling will again be a key focus. We will again take swift and firm action where breaches of the targeting rules are identified.
To assist operators in complying, CAP has published guidance on the rules protecting under-18s.
Gambling operators are warned to pay particular attention to their responsibilities to comply with the Advertising Codes. Along with our usual enforcement work, we will take swift action against ads that, in the context of the present crisis, are likely to exploit people’s vulnerabilities or encourage irresponsible behaviour.
You can download the ASA’s warning below.
On 23 April 2020, the ASA published on its website the following associated news items (that you can also download below):
- “What a slot of responsibility! Gambling ads and the CAP code” and
- “Responding to new challenges: gambling, eSports and social media” in which it reports that the Committee of Advertising Practice (“CAP”) is:
- updating the Gambling Commission – in a letter that you can download below – on its progress in responding to GambleAware’s research on the impact of gambling advertising in the UK (with particular reference to eSports betting marketing) and
- setting out the comprehensive work it has undertaken around eSports betting marketing in social media, resulting in publication of an Advice Notice entitled “The marketing of gambling on eSports on social media” – also downloadable below – (a) making clear that eSports betting-related advertising must comply with rules that also apply to other forms of gambling advertising and (b) providing guidance for gambling operators on how to stay within the advertising rules when creating marketing for gambling on eSports on social media.