The regulator in charge of advertising across the United Kingdom, the Advertising Standards Authority (ASA), challenged whether an advertisement of Betfred that aired back in April was directed toward individuals under the age of 18. The advertisement in question was streamed during the PrestonPlayz program, popular for its content including games such as Minecraft, on the over-the-top streaming service, The Roku Channel on April 17, 2023.

In its advertisement, Betfred promoted its Live Betfred Casino with a voice-over saying: “Welcome to Betfred Casino. Here you can play a range of slot and table games or take a seat in our live casino.” Considering the platform that was used for the advertisement, the ASA challenged whether the ad was directed at audiences under the age of 18.

The scrutiny of gambling advertisements comes at a time when the ASA ramped up its rules for such ads last year. The Authority’s ultimate goal was to decrease the possibility of underage individuals viewing gambling advertisements. Effectively, gambling operators in the UK are required to comply with those regulations, ensuring that the advertisements for their products do not appeal or reach underage audiences.

In the recent case, Betfred responded that it took proactive steps to ensure that its advertisement complies with the existing regulations. Upon sourcing an agency to air the ad in question, the operator specifically requested for the target audiences to be above the age of 18, underlining its commitment to advertise only with adult audiences.

Betfred said that as a streaming service, Roku requires its users to confirm they are above the age of 18 when registering. Moreover, the operator said that the TV agency received those instructions and disclosed them to Roku at the start of the advertising campaign.

The Advertisement Breached Cap Code Rules

According to Betfred, considering Roku’s requirement for users to be at least 18 to register, anyone who shared an adult’s account or misrepresented their age breached the platform’s terms of use. Despite the actions taken by the operator, the ASA assessed that the ad breached the CAP Code rules.

Upholding its decision against Petfre Ltd t/a Totesport, Betfred, the advertising gambling regulator concluded that the advertisement breached CAP Code rules 1.3, related to social responsibility, 16.1 and 16.3.13, related to gambling. As a result, the ASA said the advertisement must not appear again without specific controls that seek to reduce the likelihood of people under the age of 18 being exposed. Additionally, the regulator asked the operator not to use media with a “disproportionately large audience of under-18s.”

Recently, another ad by Betfred was under fire by the ASA. The advertisement in question was released via X ahead of upcoming fights for Anthony Joshua.

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Gambling company with a strong focus on building a one-of-a-kind mix of player experiences, digital channels, and branded venues in the United Kingdom and Spain, Rank Group, has been criticized by the Advertising Standards Agency (ASA) in regard to a challenging Instagram post from Mecca Bingo. 

The latter, which is the group’s community gaming brand aimed at the British market, has been accused of publishing a post consisting of two photos that allegedly suggested that gambling could “enhance a person’s self-image or self-esteem.”

Complaints From the Public

The post, which showcased popular drag queen, Baga Chipz, and was originally published on April 16, sparked controversy online while also attracting two complaints. 

The first image of the post showed Baga Chipz dressed in a plain and dark outfit, with no makeup on and showing a serious face. The second photo showed the drag queen in a completely different mood, smiling, holding a glass of champagne, and wearing a full face of makeup.

The post was accompanied by a series of hashtags including #bingo, #winning, #feelinggood, and #winningfeeling as well as a text that read “Before playing Mecca Bingo vs after playing Mecca Bingo.”

The same post reprimanded by the AGA was accompanied by the caption “A good game can transform you! Don’t you just love that post-bingo glow?”

The two complaints from the public challenged whether the purpose of the post was to suggest that gambling may improve the self-esteem and self-image of a person, which would have deemed its message irresponsible.

The ASA Ruled the Public Complaints Were Founded

While assessing the complaints, the watchdog established that the Instagram post together with its caption and hashtags, could imply that a person would be able to achieve a higher self-image by engaging in bingo gameplay, as well as by winning.

The agency ASA also ruled that some viewers might interpret the use of Baga Chipz as a reference to drag queens in general, as explained by the operator itself while emphasizing that the “overall impression” of the post would suggest that gambling could improve a person’s self-esteem and self-image.

Accordingly, the body asked Rank Group to not display the ad again while asking them to make sure that their upcoming marketing communications will not fall into the same rabbit hole. 

Rank Group acknowledged the ad might have been interpreted the wrong way when viewed by someone who did not understand the “full context” while adding that the purpose of the post was “very evidently light-hearted.”

Mecca Bingo further explained the post was used to convey the message that their services were “fun and entertaining” and that the term “good game” was aimed at the positive experience and atmosphere tied to the brand. Last month, the group announced inking an agreement with Pragmatic Play for their live casino games after it extended its long-term partnership with Kambi in August.

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The regulator in charge of advertising in the United Kingdom, the Advertising Standards Authority (ASA), constantly monitors such activities and imposes actions against companies that breach the established advertising regulations. As the regulator, the Authority scrutinizes different sectors, including the gambling and betting vertical. On Wednesday, the ASA announced that it upheld an assessment against a promotional Tweet released for Sky Bet. Posted on February 9, 2023, the Tweet included a video clip that was a part of The Overlap, a podcast that involves some of the biggest names in soccer, business, politics and the sports sector.

The aforementioned promotional Tweet included a video of Gary Neville that predicts which team may win the Premier League. The promotional video displays the BeGambleAware logo along with text Brought to you by Sky Bet and a caption “Is Gary changing his title prediction? Thanks to Man City, It seems @GNev2 is having a change of heart. Part three of The Overlap Fan Debate is out now.”

After observing the post, the ASA questioned whether the ad featured an individual that is likely to appeal to people under 18 years of age. Under the current regulations, gambling advertisements cannot include personas that may appeal strongly to individuals under the age of 18. The Authority sought to determine if Neville, who is a famous pundit for Sky and ITV, and also has a rich history in soccer after being a part of the Premier League club, Manchester United, may appeal to those under the age of 18.

Sky Bet Explains Why Gary Neville Doesn’t Appeal to Individuals under the Age of 18

The ASA addressed their issue with Sky Bet, to which the company responded that while Neville is well-known in soccer, he retired more than a decade ago, in 2011. Moreover, Sky Bet said that The Overlap podcast focuses on soccer but also includes discussions and interviews within the political, sporting and business sectors. It added that the podcast is “distinctly adult in tone” and doesn’t offer any content that may appeal to children.

Citing data, Sky Bet confirmed that as of March this year, Neville had some 5.5 million followers on X, the platform formerly known as Twitter. According to the company, an estimated 1% of those followers were between the ages of 13 and 17. In contrast, Sky Bet said that some 53% of his followers are between the ages of 25 to 34. “Gary Neville was 47 years old at the time the ad appeared, and that his media profile was consistent with his mature age,” the company explained.

Advertising Watchdog Upholds Complaint

Despite the facts drawn by Sky Bet, the ASA upheld its complaint regarding the promotional message. According to the Authority, the 1% of Neville’s followers on X represent some 55,000 individuals under the age of 18. Additionally, the ASA said that in total, across other social media channels, an estimated 135,000 followers of the famous businessman and sports pundit are under the age of 18. 

Citing the BCAP, the Authority explained that “a generally high social media following that attracts a significant absolute number of under 18 followers, as determined through quantitative or qualitative analysis, is likely to be considered an indicator of ‘strong’ appeal.” Although that number was a small portion of Neville’s followers, the ASA said that it represents “a significant number in absolute terms.” It concluded that the ad was in breach of the CAP Code and explained that it must not appear again in its current form.

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On July 11 and 12, 2023, XLMedia posted an Instagram ad showcasing an image of Mason Mount, a professional midfielder representing Chelsea at the time, engaged in playing soccer.

The soccer player, who has since been transferred to Manchester United, was 24 years old when the respective ad was made public. 

Two complaints were issued in relation to the ad, primarily trying to establish whether it had breached Committees of Advertising Practice (CAP) Code regulations which specify that individuals who are under the age of 25 should not be featured significantly in marketing communications in relation to gambling services. 

There is an exception to this rule and it covers those cases when betting can be directly placed via transactional facilities. 

ASA’s Ruling Explained 

Since the nature of the ad was to promote engagement with gambling services and Mount’s image of playing soccer played a critical role in conveying the message, the ASA came to the conclusion that XLMedia breached the CAP Code (Edition 12) rule 1.3 (Social responsibility).

While FreeBetsDotCom is a platform that aggregates sports betting offers from different providers and facilitates gamblers’ interactions with their favorite gambling services, it does not offer gambling services on its own. 

Nonetheless, the regulator still ruled that XLMedia acted irresponsibly when it decided to feature a soccer player who is under 25 years old playing and give him an important role in the ad. 

As a consequence, the ASA decided that the perspective ad with Mount at the center should no longer be publicly displayed in its original form. 

XLMedia has also been advised to refrain from using the images of individuals who are under the age of 25 in similarly important positions within their marketing communications for services used to lead consumers to have interactions with gambling services. 

CAP’s Compliance team has also been asked to take further action.

Unreasonable Delay Rule Also Breached 

In spite of initiating an official inquiry into the potential violation of these advertising guidelines, XLMedia, which is the parent company of FreeBetsDotCom, failed to offer a response. 

This automatically prompted additional concerns regarding a breach of the ASA Code (Edition 12) rule 1.7 which speaks about Unreasonable delay. 

The UK’s regulator of advertising that applies all Ad Codes written by the CAP emphasized the necessity that companies provide timely replies while further strengthening the idea that they should closely adhere to this requirement during future interactions.

Last week, the same regulator ruled that Postcode Lottery’s ad in the Daily Mail breached advertising regulations. In August, the ASA backed William Hill in an ad ruling regarding retired professional soccer player Robbie Savage.

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The United Kingdom’s Advertising Standards Authority (ASA), released a follow-up to its 100 Children Report. According to the company, there has been a significant improvement in advertisers’ efforts to prevent online gambling ads from being displayed to children.

The ASA published the original 100 Children Report in November last year, highlighting the prominence and impact of gambling advertisements on children. The report sought to understand how often children see age-restricted content when browsing the web.

To compile the original report, the ASA observed almost a hundred children and the ads they were bombarded with over a 7-day period. Out of a total of 11,424 ads, 435 were related to age-restricted content. Some of the breaches, the ASA had concluded, were related to breaches in the advertising rules.

The Findings Were Favorable

The ASA has now undertaken a follow-up with advertisers, agencies and platforms, reporting key findings in its 100 Children Report – enforcement and engagement report. The advertising authority explored the steps taken by the advertisers that had violated the codes to prevent age-restricted ads from being displayed to children.

The ASA reported favorable findings, saying that the majority of advertisers’ and agencies’ efforts were in line with its CAP Guidance on Targeting Age-restricted Ads Online.

The ASA worked closely with companies that had previously violated the codes and found out that most of the violations were related to gambling or liquor ads. It addressed the cases and asked the advertisers to provide a written assurance that they will improve their protocols.

However, the ASA kept the anonymity of advertisers that had breached its rules during the 100 Children Report.

The regulator promised to continue pushing the boundaries of monitoring and research into online ads. The regulator promised to reflect on the results of the latest survey and use the data to drive further developments.

The full report is available on the authority’s official website.

The UK Is Adamant on Properly Regulating Ads

Speaking of gambling advertisements, the UK Committee of Advertising Practice (CAP) Code and the British Code of Advertising Practice (BCAP) recently released technical updates to their rules on lottery advertising. The regulators found out that some of the policies were not explained well enough and needed to be reworded for clarity.

Earlier this month, Ladbrokes came under fire by the ASA over a tweet featuring the boxer and internet celebrity Jake Paul. The ad was deemed “irresponsible” by the regulator because of its appeal to younger customers.

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An ad that featured the famous YouTube star and boxer, Jake Paul, captured the attention of the Advertising Standards Authority (ASA), the UK’s regulator in charge of advertising. In a post on Twitter from February, the leading betting and gaming operator, Ladbrokes, submitted a poll asking the audience to predict what can Paul expect after he lost a fight due to a split decision against Tommy Fury.

In the post, Ladbrokes wrote: “TommyTNTFury beat JakePaul by split decision last night. So, we’ve got to ask the question… What’s next for Jake Paul? Vote here now [downward pointing finger emoji].” Then, at the bottom of the post, the operator submitted a poll with the options: “Win the re-match”, “Head to the MMA”, “Return to YouTube”, and “Join the WWE.”

In light of the post, the ASA sought to determine if Ladbrokes used a personality that may appeal strongly to customers under the legal gambling age which is 18. Under the current gambling advertising regulations, restrictions are implemented that seek to prevent any gambling operator from using images, personalities, faces or other methods in ads that can appeal to anyone under the legal gambling age.

The Ad Was Irresponsible, Says the Authority

Upon reviewing the ad, the ASA explained that the CAP Code clearly prohibits any communications for gambling products from being appealing to children. Despite boxers being a part of a sport that is mostly adult-oriented, the ASA said that such personalities can be considered as a “moderate risk in terms of how likely they were to be of strong appeal to under-18s.”

The Authority explained that Paul has a strong presence within multiple social media platforms with some of his followers under the legal gambling age. Approximately 3 million people were registered under the age of 18 as followers of the boxing star via TikTok and YouTube. Despite that, an overwhelming majority of his fans remain within the legal age, said the ASA.

Still, given Paul’s strong presence on social media and his participation in a TV program called Bizaardvark between 2016 and 2018, the ASA concluded that the “ad was irresponsible and breached the Code.” As a result, the Authority urged Ladbrokes not to include persons or characters that may have an appeal to persons under 18 and said that the ad “must not appear again in its current form.”

Once Ladbrokes was aware of the ASA’s probe, the company said that the ad didn’t offer any promotions or links to its website. Additionally, the operator argued that its feed on Twitter is protected by a restriction that doesn’t allow anyone under the age of 18 to access it. The operator said that upon posting the poll it was aware that Paul didn’t have a “significant role in boxing or general profile within the sport,” making him more appealing to audiences that are over the legal gambling age.

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The UK Advertising Standards Authority (ASA) discovered a Kwiff ad right next to an article on the Portsmouth FC website, urging young people to join the Junior Blues. The operator denied the accusations, noting that its online marketing software specifically avoided targeting minors. However, The ASA refused to change its decision, stating the circumstances surrounding the incident were sufficient cause for a sanction.

Marketing Mishaps Seem Increasingly Common

The ASA’s decision is part of its ongoing efforts to ensure responsible gambling practices and protect vulnerable individuals, particularly minors, from potential harm. The UK advertising regulator has been increasingly more vigilant regarding gambling operators following the Department for Digital, Culture, Media, and Sport (DCMS)’s drive to evaluate the severity of the country’s gambling-related issues.

Online marketing, in particular, occupies much of the authority’s attention as policing the vast online landscape requires significant resources. Just mere days ago, the ASA received word of high-profile operator Coral allegedly targeted blogs frequented by new mothers. Even though companies try to avoid such cases, this case and the most recent Kwiff violation prove the need for effective regulation.

The Regulator Stood Firm in Its Decision

According to the ASA’s findings, a Kwiff ad had appeared next to an article titled “Join the Junior Blues,” informing youth how to join Portsmouth FC’s junior supporter groups. The regulator argued that, knowingly or not, the marketing content’s placement directed it at individuals under 18. The presence of Portsmouth FC’s cartoon mascot in the article further exacerbated the issue, contrasting the nearby gambling ad.

The Kwiff brand is the property of Eaton Gate Gaming, a UK-based gaming start-up. Company representatives disputed the ASA sanctions, denying targeting underage individuals. The business highlighted its automated behavioral targeting tool, noting it was precise enough to maximize ad revenue while limiting exposure to underage individuals. 

Eaton Gate claimed they strictly abided by the ASA guidelines and had implemented sufficient safeguards to minimize such cases. However, the regulator remained unconvinced, noting that, intentionally or not, the ad was visible next to content specifically aimed at minors. The ASA argued that the unfortunate placement was sufficient to warrant a response and did not withdraw their sanction.

Because the ad appeared in the context of a web page… directed at those younger than 18 years, it did not comply with the rules on gambling advertising.

UK Advertising Standards Authority statement

The ASA’s decision to sanction Kwiff sends a powerful message to the gambling industry about the importance of adhering to responsible marketing practices. It serves as a reminder that operators must remain vigilant in preventing underage individuals from accessing or engaging with gambling content and carefully monitor their campaigns for possible violations.

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