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Gambling Industry Code for Socially Responsible Advertising

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Gambling Industry Code for Socially Responsible Advertising Gambling Industry Code for Socially Responsible Advertising 2020 September 6th Edition, GAMBLING INDUSTRY CODE FOR SOCIALLY RESPONSIBLE ADVERTISING 6th Edition October 2020 CONTENTS Introduction paras 1-5 Origins and role of the Industry Code paras 6-11 Legislative, licensing & regulatory context paras 12-18 General principles paras 19-20 Social Responsibility messaging paras 21-25 Inclusion of ‘BeGambleAware’ in advertising paras 26-30 Television advertising – watershed paras 31-40 Television advertising – responsible gambling messaging paras 41-43 Television advertising – text & subtitling para 44 Radio messaging para 45 18+ messaging para 46 Online banner advertising para 47 Sports’ sponsorship para 48 Sponsorship of television programmes paras 49-51 Social media – marketing paras 52-55 Promoting consumer awareness parags 56-57 Search activity paras 58 -60 Affiliate activity paras 61-62 Coverage of the Industry Code paras 63-66 Monitoring and review paras 67-68 Checklist para 69/Annex A and Annex B GAMBLING INDUSTRY CODE FOR SOCIALLY RESPONSIBLE ADVERTISING 6th Edition October 2020 GAMBLING INDUSTRY CODE FOR SOCIALLY ORIGINS AND ROLE OF THE INDUSTRY CODE RESPONSIBLE ADVERTISING 6. The Gambling Act 2005 amended some of 1. The Industry Code for Socially Responsible the longstanding advertising restrictions. Advertising (the ‘Industry Code’) was For example, for the first time it permitted originally introduced on 1 September 2007. television advertising for all forms of gambling. Its aim was to provide gambling operators Before that only very few types of gambling with a range of measures that would enhance such as bingo and the National Lottery the social responsibility of their advertising could be advertised in this way. This change and which went over and above the extensive reflected the then Government’s often requirements already placed on them by the repeated position that gambling had become a gambling and advertising regulators. mainstream leisure activity. 2. It was always envisaged that the Industry 7. However, implementation of the Act Code would be reviewed and the Industry and the new advertising provisions did welcomed the Government’s decision in not take place until September 2007. In the 2014 to initiate a review of all aspects of the intervening period concerns were expressed regulation of gambling advertising. by Ministers about the potential risks of the new, more liberal, advertising regime and 3. As part of that process, on 28th February questions were raised about possible 2014, the then Secretary of State at regulatory gaps. As the advertising the Department for Culture, Media and freedoms were untested and there was little Sport (DCMS) wrote to the Remote Gambling evidence about their potential impact, the Association (RGA) to request a review of gambling industry proactively offered to the Industry Code: ‘to ensure that controls produce the Industry Code. It introduced a keep pace with developments in the market, number of precautionary measures on and continue to reflect public attitudes that basis. towards gambling advertising’. 8. Among the more significant of these were 4. Following this review and subsequent (i) the 9.00pm television watershed for all engagement with DCMS, a number gambling products except for bingo, lotteries of improvements and additions were and sports betting around televised sports made to the Code. A commitment was also events; (ii) the requirement for advertisements given by IGRG to review the Code to carry information about the Gamble on a regular basis. This led to further Aware website; and (iii) the removal of amendments being made in the Third Edition sponsoring operators’ logos from all children’s and they came in to force at the end of 2017. merchandise, such as replica football kits. The changes related to further measures around social media; and references to 9. Although the Industry Code provides a GambleAware in advertising being changed benchmark for the Industry, operators can to BeGambleAware. The Fourth Edition and often do go beyond its requirements. included a new requirement for a The gambling industry has a responsibility to safer gambling message or a reference ensure that it takes all reasonable steps to to begambleaware.org (see paragraph 26- minimise the extent of problem gambling 30 for details) to appear throughout the and to prevent underage gambling from length of television advertisements. This taking place. Socially responsible advertising is change was part of a wider package of essential if that is to be achieved. gambling advertising regulatory reforms flowing from the Government’s Triennial Review (2017-18). The Fifth Edition contained changes relating to additional restrictions relating to betting advertising on television before the 9.00pm watershed. 5. This Sixth edition includes amendments to the Code resulting from the need to further advance new requirements designed to better protect children and vulnerable consumers online. These changes come into effect 1st October 2020. GAMBLING INDUSTRY CODE FOR SOCIALLY RESPONSIBLE ADVERTISING 6th Edition October 2020 10. The Industry Code has been developed 13. In deciding what provisions might be required collectively by the gambling industry the Gambling Commission has a duty to under the umbrella of the Industry Group refer to the licensing objectives of the for Responsible Gambling (IGRG) which is Gambling Act 2005. In relation to social currently comprised of the Association responsibility in advertising the Gambling of British Bookmakers; BACTA; the Bingo Commission will pay particular attention Association; National Casino Forum; and to the objective of ‘protecting children and the Remote Gambling Association. IGRG was other vulnerable persons from being harmed established in 2014 and incorporated in or exploited by gambling’. November 2015. Its mission is to provide a structure to better promote socially 14. The Gambling Act 2005 also contains reserve responsible gambling across all gambling powers (Section 328 refers) for the Secretary sectors in the UK. Currently, due to changes in of State to make regulations to control industry representation, the Betting and forms of gambling advertising subject to the Gaming Council manage the IGRG Code, restrictions about broadcast advertising in agreeing with the Bingo Association, Lotteries Section 329. The Government has the option Council and BACTA on any changes to at any time of taking proposals to Parliament the Code. in order to implement this reserve power. 11. It will continue to be the case that the principal 15. The Gambling (Licensing and Advertising) rules governing gambling advertising in Great Act 2014 amended the 2005 Act with Britain will be those produced and the primary effect of making it illegal for administered by the Committee of Advertising any operator not licensed by the Gambling Practice (CAP) and the Broadcast Committee Commission to accept bets from consumers in of Advertising Practice (BCAP), which Great Britain. are adjudicated upon by the Advertising Standards Authority (ASA). Further 16. One consequence of this is that almost all information about those is provided below. gambling advertising that is accessible in It must be stressed that this code is designed Britain is provided by operators licensed by to supplement, rather than repeat or the Gambling Commission. supersede those rules, by providing industry standards in a very limited number of related 17. Together the CAP/BCAP rules and the Industry areas, especially educational messaging, that Code ensure that gambling advertising in are not covered by the CAP/BCAP rules. Britain is conducted safely, fairly, and in a socially responsible manner. LEGISLATIVE, LICENSING 18. Further information about the & REGULATORY CONTEXT CAP/BCAP rules can be found at 12. Following implementation of the Gambling www.cap.org.uk/gambling and the Act 2005, the primary responsibility for the Gambling Commission’s Licence Conditions regulation of advertising by gambling and Codes of Practice are available at operators is shared by the relevant Secretary www.gamblingcommission.gov.uk. of State, the Gambling Commission, and the advertising regulatory bodies CAP, BCAP and the Advertising Standards Authority (ASA). Under the Gambling Act 2005, Ofcom, in consultation with the Gambling Commission, is responsible for setting, reviewing and revising standards for broadcast gambling advertising. BCAP exercises that role under delegation from Ofcom. The Gambling Commission may issue code of practice provisions on non-broadcast advertising. It has asked CAP to perform that function. GAMBLING INDUSTRY CODE FOR SOCIALLY RESPONSIBLE ADVERTISING 6th Edition October 2020 GENERAL PRINCIPLES 19. Before the Industry Code moves on to • If it’s no longer fun walk away address a number of specific issues, the • Have fun, but play it safe following list contains general principles that • If you play with real dollars, play with real sense gambling operators should take particular care to adhere to when they are developing and • Winners know when to stop placing advertisements: • Know your limit and play within it • Please play responsibly they should comply with the CAP and BCAP • • Gamble for fun, not to win. rules; • advertisements must be legal and not 23. This is not a prescriptive list and serves only misleading; to indicate the sort of messaging that might • advertisements and promotions should be be appropriate. socially responsible as described in the CAP and BCAP rules; 24. Given
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