New gambling advertising rules - making sure consumers are dealt a fair hand
Gambling. It's an emotive subject and one that can polarise opinion. For some it may conjure up images of a sophisticated, suave and glamorous pursuit that takes place in a world of social high flyers; where huge sums are won and lost without consequence. For many, it is seen as a mainstream leisure activity, a bit of harmless fun that brings pleasure and excitement and that is enjoyed responsibly by the vast majority of people. For a small number of people however, gambling represents a social ill; a harmful addiction that can ruin lives.
Simply put, gambling is a contentious issue.
Media coverage has meant that images of gambling are now common in society. Its close association with sports, film, TV, celebrities and the presence of bookmaker and lottery outlets on our high streets has meant that it has permeated modern culture. However, despite its high profile, the advertising of some types of gambling is currently restricted. In particular, casinos, bookmakers and on-line gambling websites cannot advertise on TV or radio and the rules for non-broadcast advertisements are also prohibitive.
But a proposed shift in the advertising regulatory landscape is underway. Due to changes in government policy, some gambling advertisers that are currently prevented from advertising are likely to be allowed to do so, subject to rules that ensure their ads are socially responsible. A public consultation has been launched into proposed new advertising rules that will apply to gambling advertisements across all media. So what is the purpose of the consultation and what does it mean for consumer protection?
Stick or twist?
Why are the rules changing? The consultation is in response to the Gambling Act 2005, legislation passed by Government, which has given an opportunity to look afresh at gambling advertising. Before the Act comes fully into force the priority is to establish a stringent set of rules governing all aspects of gambling and put in place instruments and administration to enforce those rules.
The purpose of the consultation is to gauge public opinion, to invite comment and to ensure that by the time the law changes, in September 2007, the advertising rules that are in place are robust to ensure that all advertising in this sector is socially responsible.
Dicing with trouble?
Some members of the public and social commentators have expressed concern at the change in Government policy in regard to gambling. They believe that change could see young and vulnerable people exposed to unsuitable messages, could exacerbate problems with gambling addiction, could increase debts in poorer sections of society and that, ultimately, identifying gambling as a legitimate leisure activity is morally wrong.
Odds on consumer protection
However, the advertising regulatory bodies that are responsible for the consultation are determined that rules are put in place that protect consumers and ensure a level playing field for advertisers. The Committee of Advertising Practice (CAP) and the Broadcast Committee of Advertising Practice (BCAP) who write the advertising codes have launched the consultation with the primary objective of ensuring that the rules are in the best interests of consumers and advertisers alike.
When the new rules come into force the Advertising Standards Authority will be responsible for investigating complaints and judging whether gambling ads are suitable. The Gambling Commission and Ofcom will serve as legal and regulatory backstops and can impose sanctions for unacceptable advertising including imposing fines and revoking licences.
There will be several mechanisms in place that are designed to keep gambling advertisements in check. For instance, the Gambling Commission intends to make compliance with the advertising codes a licence condition for gambling operators. So, if a casino wants to have a licence then they will have to agree to adhere to the advertising rules before they are given one. Nor will ads suddenly be allowed to appear everywhere and anywhere on TV. The proposed rules clearly set out scheduling restrictions that will prevent gambling ads appearing in or around children's programmes or programmes of particular appeal to viewers under the legal age to gamble.
The proposed rules place an emphasis on the importance of protecting children and vulnerable persons. Among the key clauses, the proposals state that advertisements for gambling:
* should not portray, condone or encourage gambling behaviour that is socially irresponsible or could lead to financial, social or emotional harm;
* should not be likely to be of particular appeal to under 18's, especially by reflecting or being associated with youth culture;
* should not suggest that gambling can be a solution to financial concerns, an alternative to employment or a way to achieve financial security;
* should not exploit the susceptibilities, aspirations, credulity, inexperience or lack of knowledge of children, young persons or other vulnerable persons;
* should not link gambling to seduction, sexual success or enhanced attractiveness.
A safe bet
It is a safe bet that gambling advertising is going to change. It seems inevitable that gambling advertisements will appear more frequently and on media presently prevented from promoting gambling. However, the rules controlling the content of gambling ads are subject to public consultation. CAP and BCAP have proposed stringent rules that require all advertisers to prepare and place their advertisements in a socially responsible manner. Advertisers will be left in no doubt as to the advertising standards they have to maintain if they are to be granted freedom to promote their services. With the concerted effort of CAP, BCAP, ASA, the Gambling Commission, Ofcom and backing from Government in the form of the Department for Culture Media and Sport (DCMS), the safe money is on gambling advertising being strictly policed.
Related link
CAP and BCAP gambling consulation
Written by Sally Ramsden