Ad description
A tweet from the Bet365 Twitter account dated 22 June 2015 featured a photo of Jordan Spieth holding a trophy alongside his family and stated “FILL IN THE BLANK: I think Jordan Spieth will win__Majors in 2015.”
Issue
The ASA challenged whether the ad was irresponsible and breached the Code because it featured prominently Jordan Spieth who was under 25.
Response
Hillside (UK Sports) LP t/a Bet365 said that they did not consider the tweet to be an ad or to contain promotional content, and therefore did not believe it to be a marketing communication for the purposes of the CAP Code. They said it reported on Jordan Spieth having won the US Open Championship and invited followers to discuss how many Majors they thought he would win in 2015. It did not refer to any odds or any other bet365 product, service or promotion.
They said that if it was considered to be an ad, they did not believe it was socially irresponsible. They said their Twitter feed was age gated with all followers required to be age 18 or over. The content of the tweet was factual and would not be of particular appeal to under 18s or encourage gambling generally. They said that at the time of the tweet Jordan Spieth was 21 years old and was therefore not a child or young person (defined as people aged 16 or 17 by the Code). He was pictured with three members of his family and the US Open Championship trophy and was not shown gambling. None of those featured in the picture were shown acting in an adolescent, juvenile or loutish way. They believed that the tweet would have breached the Code if it had featured odds or a promotion, for example, but because it was conversational only and reported on a major sporting event they did not believe it breached Code rule 16.3.14.
Assessment
Upheld
The ASA noted Bet365's reasons for considering that the tweet did not fall within the remit of the CAP Code. The introduction to the Code stated that it applied to material including ads and other marketing communications by or from companies, organisations or sole traders on their own websites, or in other non-paid-for space online under their control (such as non-paid-for Twitter content), that were directly connected with the supply or transfer of goods, services, opportunities and gifts, or which consist of direct solicitations of donations as part of their own fund-raising activities. We considered that the tweet was intended to promote the Bet365 brand and noted that it commented on a major sporting event, and future sporting events, which Bet365 would take bets on. We also considered that the ‘fill in the blank’ question encouraged followers to think about placing a bet. The Bet365 Twitter home page (which could also be accessed via one click when the tweet was viewed in a user’s own feed) also featured a direct link to their own website where bets could be placed. For those reasons we considered the tweet was directly connected with the supply or transfer of goods and was therefore within the remit of the CAP Code.
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 to 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 included a photo in which Jordan Spieth, who was under the age of 25, was featured playing a significant role holding the trophy alongside his family. The ad had not appeared in a place, such as on their 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.
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 Bet365 to ensure that they did not feature individuals who were under the age of 25 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.
