Background
Summary of Council decision
3 issues investigated. All 3 Upheld.
Ad description
A gambling website, www.m88.com, seen on 25 January 2018 promoting three different games:
a. The first game was called “Fairytale Legends Red Riding Hood” and showed an animated image of a wolf and a pixie.
b. The second game was called “Fairytale Legends Hansel and Gretel” and showed an animated image of a forest.
c. The third game was called “Fairies Forest” and showed an animated image of a fairy in a forest.
Issue
Fairer Gambling challenged whether the content of ads (a), (b) and (c) were likely to be of particular appeal to children.
Response
ProgressPlay Ltd t/a m88.com stated that the games referred to in the ads were available to play in demo mode. However, in response to the complaint those games were now only accessible after members logged into their account. Furthermore, they modified the games’ graphics to exclude all images of fairies and any other unsuitable character.
Such action was taken so that the complaint was addressed for the interim period whilst the ads were under investigation. However, m88.com explained that the games were produced by a third-party software company and appeared on other websites run by different gambling operators.
m88.com stated that it was their policy that prior to launching any game on their website, the game and its graphics were thoroughly reviewed in order to ensure that there was nothing within it that was likely to have particular appeal to children. Images that were considered to be problematic, including any borderline graphics, were altered or removed altogether. Furthermore, if it was not possible to amend or remove such graphics, m88.com would not launch the game on their website.
m88.com stated that addressing all responsible gambling issues with their business partners was an essential and substantial part of their commercial agreement, and included ensuring that ads for their games would not have particular appeal to children. Any breach of that policy, authorised m88.com to terminate the agreement with their business partners.
Regarding the three ads, m88.com believed that they did not feature any content that was likely to be of particular appeal to children.
Assessment
Upheld
The ASA welcomed the interim action taken by m88.com in response to the complaint.
We visited the website www.m88.com and noted that consumers could now no longer play in demo mode for any of the games shown on the website, unless they logged into their account. We understood that this was a permanent change m88.com had made to their website.
However, the ads in question appeared on unrestricted parts of the websites at the time Fairer Gambling had seen them.
The CAP Code stated that gambling ads must not be likely to be of particular appeal to children or young persons, especially by reflecting or being associated with youth culture. Gambling ads could not therefore appeal more strongly to under-18s than they did to over-18s.
We noted that the game in ad (a) "Fairytale Legends Red Riding Hood" was based on the children's fairy tale Little Red Riding Hood, which was highly popular amongst young children.
Ad (a) included an animated picture of a wolf and a fairy. We considered that fairies were highly popular with young children, particularly young girls. Furthermore, we noted that the wolf was heavily stylised with exaggerated facial features and included a long muzzle, big eyes and a prominent nose. We considered that the physical appearance of the wolf resembled similar characters from films/TV programmes aimed at under-18s, particularly children.
Therefore, because the game was advertised as being based on a popular children's fairy tale story and along with the image of the fairy and wolf, we concluded that ad (a) was likely to be of particular appeal to children.
We noted that the game in ad (b) "Fairytale Legends Hansel and Gretel" featured the name of the game in an animated image with tree branches, a moonlit forest with gameplay stars and gambling coins. We considered that this was a general image to represent the story of how Hansel and Gretel were held captive in the woods and that there was no specific content that would be of particular appeal to children. However, the game in ad (b) was based on the children's fairy tale Hansel and Gretel, which was highly popular amongst young children.
Therefore, because the game was advertised as being based on a popular children's fairy tale story, we concluded that ad (b) was likely to be of particular appeal to children.
The game in ad (c) "Fairies Forest" showed an animated image of a fairy in a forest with brightly coloured flowers around the name of the game, which indicated that the game was based on a fairy theme. We considered that fairies were highly popular amongst young children, particularly girls.
Therefore, because the ad promoted a game that was based on a fairy theme, which we considered was highly popular amongst young children, we concluded that ad (c) was likely to be of particular appeal to under-18s.
Ads (a), (b) and (c) 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. 16.3 16.3 Marketing communications must not: and 16.3.12 16.3.12 be likely to be of particular appeal to children or young persons, especially by reflecting or being associated with youth culture (Gambling).
Action
The ads must not appear again in their current form. We told m88.com to ensure that their gambling ads did not have particular appeal to under-18s.
