The end of celebrity endorsements in gambling ads? CAP and BCAP consult on tougher rules for gambling advertising

What will the CAP and BCAP’s proposals for the introduction of tougher measures on gambling advertising mean for the industry?

The consultation was introduced in response to findings from research published in March 2020 commissioned by GambleAware, which looks at the effect of gambling marketing and advertising on children, young people and vulnerable adults. The research suggests that the use of lotteries and gambling advertisements which currently comply with the CAP Code could potentially adversely impact under-18s, more so than previously understood. The report found that 42% of people aged between 11 and 24 were “current gamblers”, meaning that they had participated in gambling within the last month.

At present, gambling ads are prohibited from appealing “particularly” to under-18s. In practice, this means they are banned from appealing more to under-18s than to adults and, as such, child-oriented content (such as animated characters) is already banned. The proposals would strengthen the rules to prohibit creative content of gambling and lotteries ads from appealing “strongly” to under-18s. A “strong” appeal test identifies advertising content that has a strong level of appeal to under-18s regardless of how it is viewed by adults. Adopting the “strong” appeal test would decrease the potential for gambling ads to attract the attention of under-18s in an audience. CAP further proposes to update existing guidance to include prohibiting:

• presenting complex bets in a way that emphasises the skill or intelligence involved to suggest, inappropriately, a level of control over the bet which is unlikely to apply in practice;
• presenting gambling as a way to be part of a community based on skill;
• implying that money-back offers create security;
• humour or light-heartedness which is used specifically to play down the risks of gambling; and
• unrealistic portrayals of winners (for example, winning first time or easily).

Currently, gambling and betting ads are banned from any media where more than 25% of the audience is under 18. CAP however still deem this fit for purpose. CAP also state that there should not be an outright ban on gambling advertising, nor should a restriction be placed on the range of media where gambling advertisements are shown.

Whilst the broader shift to online has increased access to gambling and lotteries, recent research suggests that the overall trend in underage participation in any gambling activity has actually declined significantly since 2011 and adult problem gambling rates have remained stable. However, the recent consultation is perhaps better understood against the broader political pressure the gambling sector is being put under. For example, last summer, the gambling industry introduced the “whistle-to-whistle” blackout, a voluntary ban on betting adverts during sports programmes, under increased pressure to protect children from excessive exposure to gambling.

Whatever your interest in the gambling industry (be it advertiser, media owner or platform), you should seriously consider feeding into the consultation – and quickly. Remember that the consultation period closes on 22 January 2021.