Gambling Advertising Consultation Launched
18 July 2006
The Committee of Advertising Practice (CAP) and the Broadcast Committee of Advertising Practice (BCAP) have launched a public consultation on proposed new rules for regulating gambling advertisements. The consultation is in response to the Gambling Act 2005, which has provided an opportunity to look afresh at the rules for gambling advertising such as those for licensed casinos and betting. Respondents are invited to comment on the proposed set of rules that are designed to ensure that gambling advertisements are socially responsible.
Among the key clauses, the proposals state that advertisements for gambling:
• should not portray, condone or encourage gambling behaviour that is socially irresponsible or could lead to financial, social or emotional harm;
• should not exploit the susceptibilities, aspirations, credulity, inexperience or lack of knowledge of children, young persons or other vulnerable persons;
• should not link gambling to seduction, sexual success or enhanced attractiveness;
• should not be likely to be of particular appeal to children or young persons, especially by reflecting or being associated with youth culture;
• should not suggest that gambling can be a solution to financial concerns, an alternative to employment or a way to achieve financial security.
The Gambling Act 2005 is due to come fully into force in September 2007 and introduces a new regulatory framework for gambling advertising. The Gambling Commission intends to make compliance with the CAP and BCAP advertising codes a licence condition for gambling operators. In the event of serious or repeated breaches of the advertising codes, the Advertising Standards Authority (ASA) will be able to refer cases to the Gambling Commission (for non-broadcast ads) or broadcasters to Ofcom (for broadcast ads) for potential legal or regulatory sanctions.
The consultation outlines the present regulatory position – gambling advertising is largely restricted in non-broadcast media and all casino and betting advertising is prohibited in broadcast media – and the regulatory position from September 2007. From then, advertising will be permitted in all media, provided that it adheres to the CAP and BCAP codes. It then sets out the proposed rules and consultation questions. For consistency, BCAP has proposed to allow spread betting to be advertised on TV and radio as an investment activity, but only on specialist financial channels. The closing date for responses to the consultation will be 5pm on Friday 15 September 2006. The finalised gambling and spread betting rules are due to be published in early May 2007 and to take effect when the Gambling Act comes into force in September 2007.
CAP and BCAP Chairman, Andrew Brown, said the gambling consultation was an opportunity to make sure that the rules for gambling advertisements are in the public interest. “The overriding priority is to ensure that gambling advertisements are socially responsible and avoid harming or exploiting children or vulnerable groups. The Gambling Act 2005 provides a framework for regulation of gambling advertising, but the consultation will make certain that the rules are suitably robust.”
Peter Dean, Chairman of the Gambling Commission, said: “The 2005 Act modernises the regulatory structure for gambling, including the provisions for advertising. It will be crucial to ensure that advertisements are consistent with the provisions in the legislation, and in particular with the objective of protecting children and other vulnerable people from harm. We think the draft codes will achieve that and will be interested in the views of others.”
To access the consultation document please click here