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Committee of Advertising Practice publishes Enforcement Notice directed at all gambling operators

The ASA has today published an Enforcement Notice focusing on gambling advertisements that fall within the remit of its CAP code

The Notice is clear that gambling advertisements that are likely to be of strong appeal to individuals under the age of 18 years are in breach of its code of practice.

The ASA has confirmed that from the 11th June it will commence active monitoring and enforcing compliance with its notice, employing the assistance of an AI-based Active Ad Monitoring System and partnerships with social media platforms.

The Notice warns operators: “If we identify ads that break the rules, we will require you to amend or remove the ad immediately and, if you fail to comply, we will impose sanctions, which may include referral to the platform hosting the ad and/or the Gambling Commission.”

The Gambling Commission has also reminded operators that:

‘all advertising, including consumer facing social media posts, must be socially responsible and must comply with the advertising codes issued by the Committee of Advertising Practice and the Broadcast Committee of Advertising Practice.  These rules are designed to ensure that marketing communications for gambling products are socially responsible, with particular regard to the need to protect children, young persons under 18 and other vulnerable persons from being harmed or exploited by advertising that features or promotes gambling’.

The Gambling Commission has confirmed that if licensees are found to be in serious or repeated breach of the advertising rules, it can take enforcement action, which includes the issuing of fines.

Operators should ensure that their marketing teams, particularly those that are outsourced,  review all advertising and media content to ensure compliance with the CAP Code. Licensee’s may find it beneficial to consider recent ASA rulings relating to the gambling sector.

Further details can be found on the following pages:

Gambling Commission commentary on AI powered content marketing sweep

Enforcement Notice: Gambling ads with strong appeal to under-18s – ASA | CAP

For further information or queries, please feel free to contact any of our gambling solicitors on 0115 953 8500.

About the author: Richard Bradley

Richard is a member of the gambling (betting, gaming and lottery) team and advises clients on various aspects of licensing law including operating, personal and premises licences. Richard has assisted in the development of bespoke compliance regimes for operators under the Gambling Act 2005 and has prepared cases for review proceedings, hearings determined by the Gambling Commission Regulatory Panel and appeal proceedings at the First-tier Tribunal (Gambling) of the General Regulatory Chamber.

Richard has assisted clients with complex due diligence matters relating to substantial acquisition projects including drafting licensing clauses for both SPA and asset purchase agreements and leases. He holds a Specialist Certificate in Money Laundering in Betting and Gaming from the International Compliance Association (ICA). This enables him to assist with the preparation and review of anti-money laundering policies and procedures, as well as business risk assessments in compliance with the Gambling Commission’s Licence Conditions and Codes of Practice.

Richard acts for a range of leisure operators from single premise owners to multinational corporations that provide land-based and online gambling services. Richard provides assistance to clients including casinos, bookmakers, society lotteries, bingo operators, family entertainment centre and adult gaming centre arcades, clubs, gaming machine manufacturers and suppliers and gambling software developers.

Richard also advises commercial and non-commercial clubs under both licensing and gambling regimes.

Read more about Richard

Richard Bradley

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