Taking the gamble out of ads
03 August 2006
The Broadcast Committee of Advertising Practice (BCAP) and the Committee of Advertising Practice (CAP) are consulting on new rules for gambling ads, following the passing of the Gambling Act 2005.
The Act, which comes into force in September 2007, removes current legal restrictions on the content of gambling ads and the gambling sectors that are permitted to advertise. The new law reflects a change in Government policy and offers the chance to look afresh at gambling advertising in broadcast and non-broadcast media.
It is likely that gambling ads will be more common as a result of the Act, especially because betting and gaming companies will no longer be legally prohibited from advertising on TV and radio. BCAP and CAP's proposals are intended to ensure that all forms of gambling will be advertised responsibly. Some of the rules are similar to those found in the new stricter rules that were introduced for alcohol advertising earlier this year; for example, it is proposed that ads should not link gambling to seduction, sexual success or enhanced attractiveness. Others are specific to gambling; for example that ads should not suggest that gambling can be a solution to financial concerns or provide an escape from personal, professional or educational problems. The cornerstone of the proposed rules is that gambling ads should not harm or exploit children, young people or vulnerable adults.
The ASA has already shown that it will not tolerate advertising that targets children in its judgement of an ad campaign by the on-line pool betting company - ThePool.com in April. The ASA Chairman, Lord Borrie,took the unusual step of ordering that the ad, which featured semi-naked women and the strapline 'There's nothing like your first bet', be withdrawn immediately. The campaign was later deemed irresponsible by the ASA and ThePool.com was told not to run it again.
As well as Ofcom, the legal backstop for the new rules will be The Gambling Commission, which plans to make adherence to the rules a licence condition for all gambling operators. If operators do not comply, the commission has the power to review, suspend or revoke their licence.
BCAP and CAP welcome responses to these proposals, which are now open to consultation until 5pm on Friday 15 September 2006. The finalised rules will take effect when the Gambling Act comes into force in September 2007.
Further information on the consultation can be found at www.cap.org.uk/cap/Consultations/open/gambling_consultation/gambling-consultation