Guidance issued on the Gaming Act and remote gambling

19 May 2006

The Department for Culture Media and Sport (DCMS) and the Gambling Commission have recently published joint guidance on how they consider the Gaming Act 1968 applies to advertisements for remote gaming, after concerns that some recent non-broadcast ads were illegal.  

The CAP Code does not cover the various interpretations that are contained in the guidance and responsibility for enforcing the Act lies outside the self-regulatory system.  But CAP considered it important to bring the DCMS and Gambling Commission’s guidance to the industry’s attention. The DCMS and the Gambling Commission have indicated that they are willing to bring a test prosecution to demonstrate their interpretation of the Act. 

The Gaming Act 1968 applies to gaming advertising until the Gambling Act 2005 comes fully into force in September 2007, including material that is classified as an advertisement and is displayed on the Internet, for example websites, pop-ups, banners, hyperlinks, text messages and e-mails. 

The guidance makes clear that ads by overseas remote gaming operators are allowed only to “inform” the public of their facilities.  The Gaming Act prohibits gambling ads from “inviting” the public to subscribe money for gaming and the guidance states that prohibition extends to ads by overseas operators.

“Invite” is defined as any inducement, enticement or encouragement to gamble.  Offering someone a bonus or benefit for taking part in gaming or submitting money for use in gaming is considered a form of invitation.  An ad, for example, that offers £150 to new players would be considered to breach the Act.

The guidance includes lists of phrases that would fall foul of the prohibition on “inviting”, for example “play poker everyday” and “play online anytime”.  Even some factual statements could be construed as an invitation to gamble, for example “daily jackpots”.

Finally, the guidance makes very clear that criminal liability under the Act will extend to British-based media owners that publish an illegal ad, particularly because the Act cannot be enforced against advertisers established outside the British jurisdiction. 

Click to read a copy of the guidance.