CAP to clamp down on use of celebs and sports stars in UK gambling ads

Celebrities, sports stars and social media influencers could be banned from appearing in UK gambling ads after a new consultation was launched by the Committee of Advertising Practice (CAP). CAP has proposed the introduction of a ban on all gambling ads which appeal ‘strongly’ to those under the age of 18. At present, this rule prohibits gambling ads from appealing specifically to minors. The revised ‘strong’ appeal definition will focus principally on imagery, themes and characters being used by operators in gambling ads. However, it will not restrict simple references to sports, good causes, teams or individuals generally considered popular with under 18s. “It will have a significant effect on the acceptability of celebrities like sports personalities and reality TV stars featuring in gambling ads,” said the regulator. “For example, featuring the England football captain in a gambling ad would be prohibited under this new rule.” The ASA will test ‘strong’ appeal in line with guidance which includes provisions on certain characters appearing in ads. Assessment is likely to consist of their general profile among the public and with under-18s, taking into account various aspects relating to a characters’ behaviour, the language they use, as well as their humour and fashion. The ASA said it would likely consider the context the personality is best associated with (for example, as a sportsperson or entertainer) and their likely under-18 following. This may also include metrics such as social media following. The consultation is a response to a March report commissioned by GambleAware which claimed ads ruled over by the Advertising Standards Authority (ASA) had more potential to adversely impact under-18s and vulnerable individuals than previously thought. In the report, UK research body IPSOS Mori recommended revising the ‘particular’ definition as well as the introduction of measures to minimise the risk that adverts in the wider public arena may play on susceptibilities of children, young people and vulnerable adults. The proposals would strike a significant blow to the marketing strategies of many UK operators which are reliant on sports stars and celebs featuring in ads and being recruited as brand ambassadors. For example, Paddy Power’s recent campaign featuring Spurs manager José Mourinho would potentially be prohibited under the new proposals. CAP has also proposed the prohibition of any advert which presents complex bets “in a way that emphasises the skill/intelligence involved” to suggest a level of control over the bet that is unlikely to apply in practice. This measure aims to address the issue of skill in betting, as highlighted in the ASA’s reversal of a previously imposed ban on a Sky Bet ad in July 2019. Presenting gambling as a way of being part of a skill-based community and implying that money back offers provide security would also be prohibited under the new rules. In addition, any gambling ad which uses humour or light-heartedness to “play down” the risks of gambling or features unrealistic portrayals of winners would also be banned. “The consultation proposes a strengthening of our rules and guidance which will help us in our ongoing work to prevent children, young and other vulnerable people from being harmed or exploited by gambling advertising,” CAP director Shahriar Coupal said. “It responds to valuable research commissioned by GambleAware that has highlighted how gambling ads have more potential than previously understood to adversely impact these audiences – that’s something we take very seriously and that we are aiming to address,” he added. The consultation closes on 22 January 2021.