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. 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. All gambling ads must comply with the Code and the law. 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.
Before 1 September 2007, British-based casinos had to be licensed and persons taking part in gaming had to be on the premises when the gaming took place. Consequently, it was illegal for operators to offer internet gaming in the UK. That is why internet casinos were licensed overseas.
From 1 September 2007, the position changed substantially and companies based in countries on the White List, in the EEA or holding a Gambling Commission licence were legally permitted to advertise in the UK whether they are offering a virtual or terrestrial casino.
The ads are subject to the general CAP Code clauses as well as Code section 16, the main provisions of which require ads to avoid exploiting the young or vulnerable, portraying gambling as a means to solving financial or personal problems, linking gambling with sexual success or being otherwise socially irresponsible.
See other relevant Betting and Gaming entries.
Last modified : 02 August 2010