Advertising in social media spaces controlled by marketers have long been subject to the CAP Code. Where the product is age-restricted, the dedicated rules protect under-18s and other vulnerable consumers. With so much content on social media, it is sometimes not clear when a post falls within the remit of the Advertising Code.
Does the Code apply?
Gambling brands often use their social media accounts to post ‘editorial style’ content, like commentary or opinions on recent events, or more abstract humour, such as ‘memes’ and other irreverent takes on current sporting news.
While some posts may be ‘editorial’ and not subject to the CAP Code, many posts may be very similar to editorial content but nevertheless considered advertising. If the ASA deem the purpose of the post is to “sell something” and the content is ‘directly connected’ to the product or service, then it will be regulated under the Code.
When a post falls within remit the sector specific rules of Section 16 (Gambling) will apply, as well as any other relevant rules in the Code for example those within Section 1 (Compliance) and Section 3 (Misleading advertising).
Ads mustn’t have strong appeal
The rules in Section 16 require that ads must not be of ‘strong appeal’ to under-18s. The ‘strong appeal’ test prohibits content (imagery, themes, and characters) that has a significant level of appeal to under-18s, regardless of how it is viewed by adults.
Topflight footballers and footballers with a considerable following among under-18s on social media are likely to be high risk of being considered problematic. Also of high risk will be those personalities likely to be popular with under-18s, such as those from reality shows popular with youths, or those associated with video games popular with under-18s.
See our advice here and the our Guidance for further examples.
Avoid youths in your gambling ads
Sports stars tend to be toward the lower end of the age spectrum, and so it’s important to remember that the Code prohibits anyone under the age of 25 from appearing in gambling ads (in most circumstances).
Whilst there is an exception for websites where bets can be placed directly, the ASA has determined depictions of under-25s in gambling ads on social media are unlikely to be acceptable.
See our Guidance, for more information.
For further advice and guidance on this topic see here and to improve your odds of compliant marketing, speak to our Copy Advice team for free, bespoke advice on your non-broadcast advertising.
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