Ban on gambling and lottery ads with a “strong” appeal to under 18s

The question

What are the new rules on gambling and lottery advertising? And what does “strong” appeal to under 18s really mean?

The key takeaway

Always ensure that any gambling or lottery ads do not have a “strong appeal” to those under 18 years old before they are published. This includes ensuring that advertising content does not: depict activities of appeal to younger children; include people under 25 or who act in a young manner; or have close connections to youth culture (through music, graphics or animation). 

The background

In October 2020, the Committee of Advertising Practice (CAP) and the Broadcast Committee of Advertising Practice (BCAP) announced a consultation on firming up rules on gambling ads (the Consultation). The overarching purpose was to protect minors and vulnerable adults. 

The development

In response to the Consultation, CAP and BCAP have accepted recommendations to amend their code rules in respect of the content of gambling and lottery advertisements. The new rules will apply from 1 October 2022.

Overall, the new rules set out a prohibition on gambling or lottery adverts which have a “strong” appeal to those under 18 years old. A detailed note named “Advertising Guidance” (the Guidance) has been published which sets out advice on how to interpret and comply with the changes to the Codes. 

The term “strong” appeal is subjective, and the Guidance therefore sets out a number of examples of how content can have a “strong” appeal to minors. This may include content that shows: 

• activities that are very popular or common amongst younger people
• characters or real people who are under 25 or dress/behave in a young manner (to avoid 18s identifying with them), and
• the use of music, graphics or animation which is closely connected to youth culture.

There is an exception to the rules where the underlying activity itself has a strong appeal to minors, such as football or video games. In this case, gambling products can still be advertised but only if “appropriate steps” have been taken to limit the ad’s strong appeal to under 18s. For lotteries advertising, no person or character with a strong appeal to under 18s can be used unless that person is directly associated with the lottery for a good cause (eg an athlete who has received lottery funding). A number of other conditions must also be met.

The Advertising Standards Authority (ASA) will be enforcing the new “strong appeal” rules and will consider both the content of an ad and the general impression given by an ad in the context it appears. It says it will take a strict approach when applying the new rules.

The Guidance recommends reviewing previous ASA rulings (as well as the Guidance itself) to ensure that companies are satisfied before publication that ads do not breach the rules. If an ad is challenged, the burden will fall on the company to provide sufficient information to prove that the ad is unlikely to be of “strong appeal” to under 18s. 

Why is this important?

Advertisers will need to ensure that their advertising methods are compliant by 1 October 2022, or face a rap on the knuckles from the ASA. This includes rethinking sponsorship deals if the person in question is under 25 years old (such as footballers, athletes or other celebrities). 

Any practical tips?

Exercise caution before publishing gambling or lottery advertising and ensure you collate sufficient evidence which could demonstrate to the ASA that an advert does not have a “strong appeal” to minors. If you do not reach a firm conclusion as to whether the proposed ad has “strong appeal” to under 18s, best to play it safe and not publish (at least not without first seeking legal advice).