Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
The Gambling Act 2005 came fully into effect on 1 September 2007. All gambling ads must comply with the Code and the law. Under section 16 of the CAP Code, marketers should not exploit the young or vulnerable nor imply gambling can solve financial or personal problems or is indispensable, a rite of passage or linked with sexual success. The Gambling Act does not apply outside Great Britain. Specialist legal advice should be sought when considering advertising any gambling products in Northern Ireland or the Channel Islands.
Betting shops may continue to advertise in non-broadcast media; their ads should comply with the general principles of the Code, advertising in a way that is legal, socially responsible and compliant with Section 16.
Spread betting may be advertised as an investment under the auspices of the Financial Services Authority (FSA). As well as FSA compliance, ads for spread betting need to comply with CAP Code Section 14, which covers financial products and requires marketers to ensure financial products are, for example, set out in a way that allows them to be understood easily by the audience being addressed. Since September 2007, spread betting ads must also comply with the Betting and Gaming section of the Code.
Since 1 September 2007, off-shore bookmakers offering offshore betting may advertise in Britain, provided they are licensed by the Gambling Commission or are based in an European Economic Area (EEA) country or in a jurisdiction that the Secretary of State for Culture, Media and Sport has permitted to advertise gambling in the UK (‘white listed’).
See other relevant Betting and Gaming entries.
In February 2000, the Court of Appeal ruled that all UK advertising by off-shore bookmakers for offshore betting (including advertising on the Internet) was illegal. [The ruling was only in respect of teletext but the inference is that it would probably include internet and digital satellite services.] The ruling overturned an earlier High Court decision that allowed Victor Chandler, and other bookmakers, to advertise their offshore betting services on electronic media such as Teletext.
See also entry on ‘Tipsters’.
Last modified : 06 August 2010