Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
The Gambling Act 2005 came fully into effect on 1 September 2007.
Gambling rules
Section 16 of the CAP Code, contains rules that covers ads from licensed gambling operators. This includes rules that marketers should not exploit the young or vulnerable nor imply gambling can solve financial or personal problems or is indispensable, a rite of passage or linked with sexual success. All gambling ads must comply with the Code and the law. The Gambling Act does not apply outside Great Britain. Specialist legal advice should be sought when considering advertising any gambling products in Northern Ireland or the Channel Islands.
Gaming machines
The Gambling Act introduced a new regime for gaming machines. Gaming machines are defined and categorised by reference to the levels of charge and prize, nature of the prize or the gambling and the premises where the machine is situated. Different age restrictions apply to the different categories of machine. Marketers should seek legal advice or guidance from the Gambling Commission on www.gamblingcommission.gov.uk.
Targeting of ads
Marketers of gaming machines should have regard to Rule 16.3 of the CAP Code, especially 16.3.13, which states that gambling ads should not be directed at those aged below 18 years (or 16 years for Category D gaming machines) through the selection of media or context in which they appear.