Gambling ads to be regulated by the ASA
09 December 2005
Under the ASA’s arrangement with Ofcom and a recent agreement with the Gambling Commission, the ASA will regulate both broadcast and non-broadcast gambling advertisements under the Gambling Act 2005. BCAP will draft the broadcast gambling rules, subject to consultation with the Gambling Commission and Ofcom approval. CAP will develop non-broadcast advertising rules, subject to approval by the Gambling Commission. Both sets of draft rules will be subject to stakeholder consultation and CAP and BCAP look forward to receiving stakeholder input.
The future application and enforcement of the rules will primarily be the responsibility of the ASA. The Gambling Commission will nevertheless continue to take an interest in the advertising activities of its licensees and intends to make compliance with the BCAP and CAP Codes a licensing condition for all gambling operators. That will enable the Gambling Commission to apply sanctions against those gambling operators who are unwilling or unable to comply with the advertising co-regulatory and self-regulatory systems. Applications for operator licences should open early in 2007; CAP and BCAP intend to launch consultations well before then so that licence applicants have an idea what to expect.
The Gambling Commission anticipates that the new ad rules will allow gambling to be advertised only as a responsible leisure or entertainment activity and will reflect the Government’s intention (as expressed in the DCMS Regulatory Impact Assessment) that “reduction of harm should take precedence over the maximisation of innovation, consumer choice and economic gains”. In doing so, the Commission expects that the Codes will fully reflect the licensing objectives in Part 1 of the 2005 Act, namely:
- preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime
- ensuring that gambling is conducted in a fair and open way and
- protecting children and other vulnerable persons from being harmed or exploited by gambling.
The BCAP and CAP rules are intended to enter into force at the same time as the full Gambling Act and new operator licences, which are planned for September 2007.