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 & the CAP Code
Do not imply escape from personal problems
Do not suggest solution to financial problems
The Gambling Act & the CAP Code
The Gambling (Licensing and advertising) Act 2014 took effect on the 1st November 2014. It contains provisions relating to the licensing of gambling operators advertising or offering remote gambling facilities to consumers in the UK. We urge you to seek legal advice regarding the requirements of the act if you are unsure.
Under section 16 of the CAP Code, marketers should not exploit the young or vulnerable nor imply gambling can solve financial or personal problems. 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.
Do not imply escape from personal problems
The gambling rules set out that ads for gambling products should neither exploit the susceptibilities, inexperience or lack of knowledge of young or vulnerable people (Rule 16.1) nor imply that gambling can provide an escape from personal and professional problems (rule 16.3.3).
In 2008, the ASA considered an ad that stated “BET TO FORGET” and featured a photograph of the footballer Eric Cantona, who seemed to be dressed as a knight. The advertiser said the ad was meant to be interpreted as a light-hearted reference to England not qualifying for the Euro 2008 Championship. The advertiser also said Eric Cantona was dressed as King Arthur as the website linked through to various King Eric films, including one where he pronounces “… Europe kicked you out of the Euro, who cares? BET to be king … BET to forget …”. The ASA believed the link between “BET TO FORGET” and England’s failure to qualify was unclear and considered that the claim was likely to be interpreted, especially by vulnerable people, as suggesting that gambling could provide an escape from personal problems (Partouche Betting Ltd, 8 October 2008).
Do not suggest solution to financial problems
Ads for gambling products must not suggest that gambling can be a solution to financial concerns, an alternative to employment or a way to achieve financial security (rule 16.3.4).
In August 2022, the ASA investigated complaints about an ad by an affiliate, which featured the claims “Everyone wants to solve theirs [sic] financial problems … Click the ‘DOWNLOAD’ button right now and start to earn … In fact, it’s all very easy to do with our application … pay off loans, buy a car and a nice house … and make a lot of money!”. The ASA considered these had the effect of suggesting that gambling could be a way to achieve financial security. They also considered that by using the product consumers would be able pay off loans and afford expensive items, such as cars and houses, also suggested that gambling was a way to achieve financial security (Rank Digital Gaming (Alderney) Ltd, 3 August 2022).