Published: by Richard Bradley, Partner
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.
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