Asa Gambling Advertising

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Advertising Standards Authority (ASA) C hildren as young as six are being targeted by major gambling operators online, an investigation by Britain's advertising watchdog has found. The ASA itself will be monitoring industry advertising for a range of different issues in the context of the crisis. It highlighted ads that trivialise gambling (by encouraging repetitive or frequent participation), or refer in any way to indicators of problem gambling (such as solitary play or playing late at night) as being of particular concern.

A pdf version of this code can be viewed here – Gambling Advertising Code 2019.

Purpose of the Code

The purpose of the Gambling Advertising Code (Code) is to ensure that gambling advertising is conducted in a manner that demonstrates a high standard of social responsibility. All gambling advertisements must be legal, decent, honest and truthful and respect the principles of fair competition. This Code recognises that gambling advertisements must not undermine the need for the prevention and minimisation of gambling-related harm, with particular regard for the need to protect children, young people and other vulnerable persons.

All gambling advertisements must adhere to the Principles and Rules set out in this Code. In addition, the Principles and Rules set out in the Advertising Standards Code describe the standards expected in all advertising, including gambling advertisements. Attention is drawn to the Gambling Act 2003 and the Racing Act 2003.

Definition of Advertisement

“Advertising and Advertisement(s)” means any message, the content of which is controlled directly or indirectly by the advertiser, expressed in any language and communicated in any medium with the intent to influence the choice, opinion or behaviour of those to whom it is addressed.

Application of the Code

This Code applies to all gambling advertisements placed in any media. This code does not apply to any advertisements whose purpose is solely and clearly to educate people about problem gambling.

Ultimately, the responsibility to be aware of and comply with all aspects of advertising regulation is shared between all the parties to an advertisement, including the advertiser, agencies and media organisations. This Code does not apply to content not controlled by the advertiser.

The Code is made up of three parts:

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  • Principles: The standards expected in advertising.
  • Rules: Examples, by no means exhaustive, of how the principles are to be interpreted and applied.
  • Guidelines: Information and examples to explain a rule.

Interpreting the Code

Asa Gambling Advertising

Social responsibility in advertising is embodied in the Principles and Rules of the Code. In interpreting the Code, emphasis must be placed on compliance with both the spirit and intention of the Code. It is possible for advertising to be in breach of one or more of the Principles in the Code without being in breach of a specific Rule.

In determining whether a Principle has been breached, the Complaints Board will have regard to all relevant matters, including;

  • generally prevailing community standards;
  • previous decisions;
  • the consumer takeout from the advertisement;
  • the context, medium and intended audience; and
  • the product or service being advertised.

Definitions for the Purposes of this Code

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“Gambling Advertisement” means an advertisement for:

  • “pay to gamble” or “free to gamble” activities, products and outlets (e.g. casinos, casino games, lotteries and instant prize tickets) when the outcome of the gambling depends wholly or partly on chance; or
  • betting on racing or sporting events.

“Children” means all persons below the age of 14 years.

Young People” means all persons who are at least 14 years but under 18 years.

Targeting Children and Young People” is determined by having regard to:

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(a) the context of the advertisement and

(b) the following criteria;

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  1. The nature and intended purpose of the activity, product or outlet being promoted is principally or generally appealing to children or young people.
  2. The presentation of the advertisement content (e.g. theme, images, colours, wording, music and language used) is appealing to children or young people.
  3. The expected average audience at the time or place the advertisement appears includes a significant proportion of children and / or young people.