Asa Guidance Gambling Advertising

• Asa Guidance Gambling Advertising Strategies
• Asa Guidance Gambling Advertising Websites
• Asa Guidance Gambling Advertising Websites
• Asa Guidance Gambling Advertising Definition
• Online Gambling Advertising

Sections are similar to those in the gambling sections. Although this guidance focuses on gambling advertising, the ASA may draw insights from it to inform its interpretation of those rules where appropriate. The Gambling sections of the CAP and BCAP Codes also ensure the protection of children and young people. CAP and BCAP have published a dedicated piece of guidance on gambling advertising, setting new standards to ensure that ads remain responsible with a particular focus on mitigating potential harms associated with problem gambling. Advertisers need to ensure that their ads are in line with the guidance by 2 April.

August 23, 2017

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.

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:

Asa Guidance Gambling Advertising Strategies

• 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.

Purpose of the Code

The purpose of the Gambling Advertising Code (Code) is to ensure that gambling advertising is conducted in a manner that demonstrates a high standard of social responsibility. All gambling advertisements must be legal, decent, honest and truthful and respect the principles of fair competition. This Code recognises that gambling advertisements must not undermine the need for the prevention and minimisation of gambling-related harm, with particular regard for the need to protect children, young people and other vulnerable persons.

All gambling advertisements must adhere to the Principles and Rules set out in this Code. In addition, the Principles and Rules set out in the Advertising Standards Code describe the standards expected in all advertising, including gambling advertisements. Attention is drawn to the Gambling Act 2003 and the Racing Act 2003.

Definition of Advertisement

“Advertising and Advertisement(s)” means any message, the content of which is controlled directly or indirectly by the advertiser, expressed in any language and communicated in any medium with the intent to influence the choice, opinion or behaviour of those to whom it is addressed.

Application of the Code

This Code applies to all gambling advertisements placed in any media. This code does not apply to any advertisements whose purpose is solely and clearly to educate people about problem gambling.

Ultimately, the responsibility to be aware of and comply with all aspects of advertising regulation is shared between all the parties to an advertisement, including the advertiser, agencies and media organisations. This Code does not apply to content not controlled by the advertiser.

The Code is made up of three parts:

• Principles: The standards expected in advertising.
• Rules: Examples, by no means exhaustive, of how the principles are to be interpreted and applied.
• Guidelines: Information and examples to explain a rule.

Interpreting the Code

Social responsibility in advertising is embodied in the Principles and Rules of the Code. In interpreting the Code, emphasis must be placed on compliance with both the spirit and intention of the Code. It is possible for advertising to be in breach of one or more of the Principles in the Code without being in breach of a specific Rule.

In determining whether a Principle has been breached, the Complaints Board will have regard to all relevant matters, including;

Asa Guidance Gambling Advertising Websites

• generally prevailing community standards;
• previous decisions;
• the consumer takeout from the advertisement;
• the context, medium and intended audience; and
• the product or service being advertised.

Definitions for the Purposes of this Code

“Gambling Advertisement” means an advertisement for:

• “pay to gamble” or “free to gamble” activities, products and outlets (e.g. casinos, casino games, lotteries and instant prize tickets) when the outcome of the gambling depends wholly or partly on chance; or
• betting on racing or sporting events.

Asa Guidance Gambling Advertising Websites

“Children” means all persons below the age of 14 years.

“Young People” means all persons who are at least 14 years but under 18 years.

Asa Guidance Gambling Advertising Definition

“Targeting Children and Young People” is determined by having regard to:

(a) the context of the advertisement and

Online Gambling Advertising

(b) the following criteria;

1. The nature and intended purpose of the activity, product or outlet being promoted is principally or generally appealing to children or young people.
2. The presentation of the advertisement content (e.g. theme, images, colours, wording, music and language used) is appealing to children or young people.
3. The expected average audience at the time or place the advertisement appears includes a significant proportion of children and / or young people.