Revisions to CAP and BCAP's gambling advertising guidance

UK – Advertising (Gambling)

Following the launch of an October 2020 consultation by the Committee of Advertising Practice (“CAP”) and the Broadcast Committee of Advertising Practice (“BCAP”), changes to the CAP and BCAP responsibility and problem gambling guidance came into force on 1 November 2021. These latest amendments introduce further restrictions to protect consumers and prevent gambling advertising from encouraging or condoning risky or irresponsible behaviour.

Key date(s)

• March 2020 – GambleAware Final Synthesis Report is published (the "Report").
• 22 October 2020 – The CAP and the BCAP launch a consultation responding to the findings of the Report.
• 6 August 2021 – The CAP and the BCAP publish a revised Gambling Advertising Guidance (the "Guidance").
• 1 November 2021 – The Guidance comes into effect.

Status

• In March 2020, GambleAware published the Report on the effect of gambling, marketing and advertising on children, young people and vulnerable adults. One of the Report's key findings was the positive correlation between general exposure to gambling adverts, peers' and parents' opinions, and the likelihood that a young person or vulnerable adult will gamble in the future. Among the Report's recommendations were safer gambling education initiatives, reducing the appeal of gambling advertising and improving the use of age screening tools on gambling games and apps.
• The CAP and the BCAP continually review harms associated with gambling and revise guidance accordingly. In response to the Report, the CAP and the BCAP launched a consultation which informed its subsequent revisions to the Guidance.
• The revisions provide clearer examples of unacceptable gambling advertising content and restrict advertising which trivialises, glorifies or misrepresents gambling. Notably, the revisions restrict creative gambling content aimed to appeal to under 18s. Some of the restrictions include limits on emphasising skill and intelligence in gambling, encouraging impulsiveness and trivialising its risks.

 What it hopes to achieve 

• The Guidance aims to influence the Advertising Standards Authority ("ASA") practices when regulating gambling advertising in an effort to better protect the public from the risks of gambling. The revisions focus on restricting content which could encourage or condone risky behaviours. Although not binding, the ASA will likely consider and apply the Guidance in its decision making, whereby failing to comply could result in penalties or blacklisting in the case of repeat offences.Although it has been met with some criticism from gambling agencies, the CAP and the BCAP have assured the public that the intention behind the revisions is not to restrict all humour from gambling advertising. The output of the consultation provided that restrictions on advertising will respond proportionately based on the evidence, while aiming to achieve less fantastical depictions of gambling in advertising.

Who does it impact? 

• The ASA is likely to adapt its practices to encompass the revised Guidance in its approach to gambling advertising regulation.
• Gambling companies and their brand management/marketing partners will need to be cognisant of the Guidance when considering their marketing practices and policies and update them as necessary to reflect the recommended practice changes.
• For the public, the intention is that the revised Guidance better protects them.

Key points 

1. Trivialisation

• • The revised Guidance states that advertisers should avoid the impression that the decision to gamble is one to be taken lightly. Humour and light-heartedness which downplay risks, encouraging frequent participation in gambling, and unrealistic portrayals of winners are a few of the examples given of this practice.

2. Risk Perception and Urgency

• • Obscuring the perception of the risks which gambling entails should be avoided. Free bets and offers, as well as complex bets such as accumulators and odds boosts, have been identified in the Report as decreasing the perceived risks of gambling. The revised Guidance also looks to discourage gambling advertising content which promotes impulsivity. Both recommendations aim to reduce the likelihood that viewers will engage in risky behaviours.

3. Emphasising Skill

• • Adverts which glorify gambling as a skilful activity which requires intelligence and other similar sought-after attributes are also discouraged in the revised Guidance as such content was considered more likely to appeal to extreme gamblers.

4. Vulnerability
   • The revised Guidance emphasises that some audience groups are more vulnerable than others, namely young adults and children. As such the revised Guidance also encourages heightened caution when depicting financially vulnerable groups in gambling adverts, such as students.

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