Online gambling operators face crackdown on ads that appeal to children

The Gambling Commission, Advertising Standards Authority (ASA), the Committee of Advertising Practice, and the Remote Gambling Association issued a joint letter (94-page / 242KB PDF) to the operators following reports in the media that they said "highlighted a number of freely accessible ads on gambling operator websites, which feature images that are likely to appeal particularly to under 18s".

The bodies said that this was "unacceptable". They raised particular concern about "freely accessible ads for play-for-free and play-for-money games", and said their warning also applied to "all graphics and images displayed on a website or in third party media".

Operators that fail to heed the warning face possible sanctions, the letter said.

"Gambling operators are required by the UK advertising codes and the conditions of their Gambling Commission licence to advertise responsibly with particular regard to the protection of under 18s and others who are vulnerable to being harmed or exploited by gambling advertising," it said.

Operators were urged to apply caution in cases where they are unsure whether their adverts would appeal to children.

"Ultimately, if you are uncertain about whether an ad might appeal particularly to under-18s, CAP advises you to exercise caution and amend or withdraw the ad pending any discussion with the CAP Copy Advice team, especially given the overriding emphasis in the Gambling Act 2005 and the CAP Code to protect children and young people from being exploited by gambling," the letter said.

The bodies said that adverts featuring "particular colours, cartoon and comic book images, animals, child- and youth-orientated references and names of games such as 'Piggy Payout', 'Fluffy Favourites', 'Pirate Princess' and 'Jack and the Beanstalk' are likely, alone or in combination, to enhance appeal to under 18s".

Christopher Rees-Gay, a gambling law expert at Pinsent Masons, the law firm behind Out-Law.com, said: "This joint letter again seeks to reinforce the Gambling Commission’s broader agenda in its push for greater consumer protection."

"In signing this letter, it is clear that the Commission has, as it stated that it would, taken a more robust stance in all areas of its regulatory oversight, whether it be large fines for operators failing vulnerable customers, taking action to ensure operator terms and conditions are clear or, as is the case here, ensuring that advertising in this sector is carried out correctly," he said.

Ruling over a case in May, the ASA determined that a gambling advert that was "likely to have particular appeal to children and young persons" complied with UK advertising rules because of the targeted way in which it was distributed.

In a separate case, an online gaming company was fined £300,000 by the Gambling Commission over adverts on its own website and on the websites of third party affiliates that were deemed to have breached social responsibility obligations that the company was subject to as a condition of its operating licence.