Ad description
A tweet from Tottenham Hotspur's Twitter page, seen on 5 March 2019, featured an image of the team's starting line-up against Borussia Dortmund, including players Harry Winks and Davinson Sanchez. The image featured the William Hill logo and accompanying text stated "Latest odds from @WilliamHill" and provided a link to William Hill's website.
Issue
The ASA challenged whether the ad was irresponsible and breached the Code because it featured Harry Winks and Davinson Sanchez, who were both under 25 years of age.
Response
Tottenham Hotspur Ltd and William Hill Organization Ltd said that both Harry Winks and Davinson Sanchez were included because both players were selected in the Tottenham Hotspur starting line-up. While they acknowledged both players were under 25 years old, they were not shown on an individual basis, nor as the sole focus of the advert. They said both players were included alongside several other players and neither were of greater significance than the other players, all of whom were over 25 years of age.
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 (18–24 years old) might be featured playing a significant role only in marketing communications that appeared in a place where a bet could 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 was 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 featured images of the 11 players who had been selected in Tottenham Hotspur’s starting eleven for their match, including Harry Winks and Davinson Sanchez, both of whom were under the age of 25. We understood the intention of the tweet was to inform the audience of the starting line-up. However, we considered that of equal measure was its aim to offer the audience an opportunity to place a bet on the match. In that context, while the significance of Harry Winks and Davison Sanchez was no greater than the other players in the line-up, the 11 players were the focus of the tweet, and we considered that each of them played an equally significant role in the marketing communication.
The ad had not appeared in a place, such as William Hill’s own website, where a bet could be placed through a transactional facility, nor had the two players been used to illustrate specific betting selections where they were the subject of the bet offered.
In light of the above, we concluded that the ad was irresponsible and therefore breached the Code.
On that point, 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.
16.3
16.3
Marketing communications must not:
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 the form complained of. We told Tottenham Hotspur Ltd and William Hill Organization Ltd to ensure they did not feature those under 25 years old 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 William Hill’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.
