1. Asa Guidance Gambling Advertising Companies
2. Asa Guidance Gambling Advertising Companies
3. Online Gambling Advertising
4. Asa Guidance Gambling Advertising Strategies
5. Asa Guidance Gambling Advertising Agencies

August 23, 2017

Asa Guidance Gambling Advertising Companies

2 days ago The ASA/CAP have released a post called: Consultation on new strengthened rules and guidance for gambling ads to protect children and young people.I have enclosed the text of the link below, but please have a look at the ASA/CAP site as there are lots of things of interest to anyone with an interest in Ethical Marketing.

At the start of June, the Committee of Advertising Practice (CAP) issued guidance on how internet-based targeting can be used to help reduce children’s exposure to age-restricted ads online (read our comment on this here). This was the latest instalment of guidance aimed at helping advertisers, particularly those marketing age-restricted products such as gambling, to place advertisements appropriately.

Directing advertising to those over the age restriction (over 18s in the case of gambling advertising) can be achieved using various methods, CAP said. Both audience composition of the media and the content around which the marketing communication appears must be considered.

1. Oct 31, 2017 The ASA says the development of new guidance “runs in tandem with and complements the Gambling Review rather than being prompted by it”, and its response to the DCMS consultation stated any government intervention in advertising regulation would “be disproportionate and would have no significant impact on harm”.
2. Apr 09, 2020 The ASA itself will be monitoring industry advertising for a range of different issues in the context of the crisis. It highlighted ads that trivialise gambling (by encouraging repetitive or frequent participation), or refer in any way to indicators of problem gambling (such as solitary play or playing late at night) as being of particular concern.

To assess audience composition, CAP suggested that marketers examined the media in advance of the age-restricted ad being placed, to evaluate whether such ads were being placed:

• in or around media that are obviously directed at the protected age category; and
• in other media where the protected age category makes up more than 25% of the audience.

If media was of more “general appeal” then it would be the responsibility of the marketer to demonstrate that the relevant age category comprised 25% or less of the total audience.

Whilst this guidance was aimed at non-broadcast media, we have today seen the ASA publish an adjudication using this methodology in respect of a gambling ad aired on the radio.

X Factor Games

Two radio ads for The X Factor Games were aired at breakfast time on two separate radio stations; one was Wave 105 and the other Absolute 80s. The ad was repeated on Wave 105 during the afternoon at around 3pm. The ad contained the theme tune of the X Factor TV show and the voice-over commonly associated with the programme. Several complainants challenged whether:

1. the ads were irresponsible because they were likely to appeal particularly to under 18s; and
2. the ads had been scheduled appropriately, as children might be listening.

A data driven response

In assessing whether the Rule 17.4.5 of the BCAP Code had been breached (i.e. whether the ad was likely to be of particular appeal to under-18s, especially by reflecting or being associated with youth culture), the ASA examined official BARB data to see whether the fact that the ads in question referenced the X Factor TV show meant that the ads appealed more strongly to under-18s than they did to over-18s.

Findings

• Although the ads were for the online casino and slots website, the X Factor Games, the fact that they featured the theme tune and voice-over from the X Factor TV show led the ASA to conclude that listeners would associate the ads with the TV show.
• Whilst BARB data showed that many under-18s watched the TV show, the TV show was, however, never of proportionately greater appeal to under-18s than it was to the viewing population as a whole. The ASA concluded that references to the X Factor in a gambling ad per se, were unlikely to breach the BCAP Code.
• In consideration of the specific elements taken from the TV show in the two ads, the theme tune and voice-over, the ASA decided that these were generic features no more likely to appeal more strongly to under-18s than they would to over-18s given the TV BARB data. Further, the ASA observed that the ads didn’t contain other content, such as specific X Factor artists or songs, which were likely to appeal more strongly to under-18s.

Scheduling issues also quashed by data

When deciding whether the ads were in breach of BCAP Rule 32.2.2 (i.e. whether this was an ad for gambling that had been inappropriately scheduled as it was in or adjacent to programmes commissioned for, or principally directed at, children), the ASA looked to the RAJAR data for the two radio stations. This indicated that over 18s made up 89% of listeners to Wave 105 between 6am and 10am, 86% of listeners to the station between 3pm and 7pm and 96% of listeners to Absolute 80s. This meant that only a small proportion of listeners to the programming in which the ads appeared were under 18. Further, having examined the programming content of both radio stations (one 80s music and the other generally presenter-led news and entertainment), the ASA considered that neither station was likely to be of particular appeal to under 18s, therefore, there was no inappropriate scheduling and no breach of this BCAP Rule.

A lesson for other media

The investigation of this ad by the ASA only goes to strengthen the requirement for advertisers (and the publishers they use) to have data which substantiates who the audiences are that receive their advertising. This case demonstrates well the need for gambling advertisers to have accurate audience data for the channels in which the age-restricted advertising is included, especially when the media used is of more general appeal, and regardless of whether the ad itself is of particular appeal to under 18s.

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ASA gambling update, with CAP gambling advertising policy specialist Andy Taylor

Last week, we joined the ASA Gambling Update webinar, hosted by CAP gambling advertising policy expert Andy Taylor. The focus of the meeting was to recap on the current state of play across gambling regulations and to discuss the recently announced CAP consultation into the targeting of gambling advertising particularly towards under 18s and other vulnerable groups.

This consultation was in response to a piece of research carried out by GambleAware which was released in March this year. GambleAware is a wholly independent body, funded by an industry levy via the Gambling Commission. Their latest research piece indicated a clear association between ad exposure and the susceptibility to gamble, which called for tighter controls to protect under 18’s and vulnerable groups, questioning whether the current UK advertising code was sufficient enough to protect these groups.

The recap focussed on the major restrictions active today and highlighted how gambling advertising is highly visible across all media channels, and under further media, public and parliamentary scrutiny.

Some of the key highlighted constraints include:

• Avoiding under 18 audiences.
• Avoiding vulnerable parties (individuals with gambling issues).
• No irresponsible appeal or exploitation of personal circumstance.

Andy Taylor advised that CAP has launched a consultation proposal in response which is due for completion in late January. During the webinar, he indicated that CAP will likely be pushing back on the need to reduce exposure overall but that there may be some adjustments regarding creative restrictions following the consultation.

Asa Guidance Gambling Advertising Companies

These restrictions were likely to be as follows:

• Stricter rules around appeal to under 18’s via included content, e.g. celebrities, sportspeople, influencers, cartoon and TV characters – with the example of Jose Mourinho in the current Paddy Power Games ads cited as an example that may be problematic in the future.
• Advertising playing down risk or appearing to emphasise skill – it is expected that they will recommend tightening up around this area too.

He was hesitant to say whether there would be black and white regulations and that it would most likely be judged on a case by case basis.

All Response Media viewpoint

For now, there is nothing ground-breaking to report as the consultation is yet to be completed, however, the update hinted that there is likely to be further restrictions going forward. The government will shortly be reviewing the 2005 Gambling Act and the industry must continue to work with the government through bodies such as the BGC to limit any significant impact such as blanket bans or channel bans such as those that have recently been imposed on brands deemed as HFSS (High Fat, Salt, and Sugar).

It certainly appears to be sportsbook advertising which has attracted the most attention on the industry in recent years and we expect that it will be more than just creative consideration which will have new rules and guidance to adapt to. Advertising around live sport on radio and TV and shirt sponsorships deals are attracting a lot of criticism for appearance in sports such as football which are ever-evolving into family offerings and have a huge young people and children following.

We envisage that eventually, there will be a blanket pre-9pm ban on advertising for all gambling which would put huge pressure on post-9pm TV inventory, particularly with the news of a similar ban for HFSS.

Online Gambling Advertising

This will force businesses to look for other avenues for acquisition as with (slowly) declining TV audiences, it will put higher cost premiums on a limited amount of TV and media inventory. The government is demonstrating that they are closely looking at online advertising too, so it certainly makes for challenging times ahead for many sectors and businesses.

Asa Guidance Gambling Advertising Strategies

We will update accordingly when the CAP consultation is available in the new year.

Asa Guidance Gambling Advertising Agencies

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