Ad description
A tweet from the Totesport Twitter account dated 20 June 2015 featured a photo of Jordan Spieth playing golf and stated “We have gone 3/1 (from 15/8) for Jordan Spieth to win the #USOpen! Will NOT last! Bit.ly/USOpenGold15”.
Issue
The ASA challenged whether the ad was irresponsible and breached the Code because it featured prominently Jordan Spieth who was under 25 years of age.
Response
Petfre (Gibraltar) Ltd said that at the time of the tweet Jordan Spieth was not a child or young person (defined as people aged 16 or 17 by the CAP Code), nor was he vulnerable. They said the ad did not show him gambling or playing a significant role, nor did it show any adolescent, juvenile or loutish behaviour. They said the photo conveyed to followers who Jordan Spieth was and that he played golf. They said if it was considered that the ad showed Jordan Spieth playing a significant role that this was acceptable under CAP Code rule 16.3.14 because the tweet contained a direct link through to their website where a bet could be placed directly through a transactional facility. They said that he was the subject of the bet offered and illustrated the specific betting selection that was available. The tweet showed him in the context of the bet and not in a gambling context. They said that followers of their Twitter feed were required to be 18 or over. They said that such tweets would typically be seen by their existing followers.
Assessment
Upheld
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 playing golf. Whilst we noted that the ad included a link to the Totesport website, the ad itself had not appeared in a place, such as on their own website, where a bet could be placed directly through a transactional facility. 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 Petfre 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.
