Ad description
An email from Ladbrokes Betting & Gaming featured, seen on 11 September 2015, and included a photo of Memphis Depay, viewed from behind, who was sitting on a football pitch. The ad stated “MONEY BACK OFFER … Don’t miss out! BET NOW”.
Issue
The complainant challenged whether the ad was irresponsible and breached the Code because it featured prominently Memphis Depay who was under 25 years of age.
Response
Ladbrokes Betting & Gaming Ltd acknowledged that the CAP Code, and their company policy, required that an image of a person under 25 years of age could only be used in an ad where the individual is the subject of the bet being offered and appeared in a medium where the bet could be placed. They said that the use of Memphis Depay’s image in the context of an email was not acceptable and to avoid a repeat of the issue, they had reminded their marketing team of their obligations under the CAP Code and their company policy.
Assessment
Upheld
The ASA welcomed Ladbrokes willingness to comply with the CAP Code in future advertising.
The CAP Code stated that no one who is, or seemed to be, under 25 years old may be featured playing a significant role in marketing communications, with the following exception. Individuals who were, or seemed to be under 25 years old (18–24 years old) may be featured playing a significant role only in marketing communications that appear in a place where a bet can be placed directly through a transactional facility, for instance, a gambling operator’s own website. The individual may only be used to illustrate specific betting selections where that individual is the subject of the bet offered. The image or other depiction used must show them in the context of the bet and not in a gambling context.
The ad featured the sole image of Memphis Depay who was under the age of 25 at the time the ad was seen and we therefore considered that he played a significant role in the marketing communication. The ad had not appeared in a place, such as on the advertiser’s own website, where a bet could be placed directly through a transactional facility. Nor had he been used to illustrate specific betting selections where he was the subject of the bet offered. We therefore concluded that the ad was irresponsible and breached the Code.
The ad breached CAP Code (Edition 12) rules
16.1
16.1
Marketing communications for gambling must be socially responsible, with particular regard to the need to protect children, young persons and other vulnerable persons from being harmed or exploited.
16.3
16.3
Marketing communications must not:
and
16.3.14
16.3.14
include a child or a young person. No-one who is, or seems to be, under 25 years old may be featured gambling or playing a significant role. No-one may behave in an adolescent, juvenile or loutish way.
Individuals who are, or seem to be under 25 years old (18-24 years old) may be featured playing a significant role only in marketing communications that appear in a place where a bet can be placed directly through a transactional facility, for instance, a gambling operator's own website. The individual may only be used to illustrate specific betting selections where that individual is the subject of the bet offered. The image or other depiction used must show them in the context of the bet and not in a gambling context.
(Gambling).
Action
The ad must not appear again in its current form. We told Ladbrokes Betting & Gaming Ltd to ensure that they did not feature individuals who were under the age of 25 years playing a significant role in marketing communications, except for where they appeared in a place where a bet could be placed directly through a transactional facility, such as their own website. The individual may only be used to illustrate specific betting selections where that individual is the subject of the bet offered. The image or other depiction used must show them in the context of the bet and not in a gambling context.
