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.
CAP understands that it is likely to be legal for bookmakers and football pools to accept bets by e-mail. Marketers should, however, get independent legal advice if they intend to do that. Although nothing in the CAP Code prohibits them from advertising that type of facility, marketers would be expected to identify and reject bets from those under 16 for football pool betting and from those under 18 for other betting. More generally, marketers should be mindful that marketing all types of betting and gaming activities by e-mail and SMS are likely to be unacceptable unless they are received only by those old enough to legally participate. From 1 September 2007, Clause 46 of the Act made it an offence for a person to invite, cause or permit a child or young person to gamble. Marketers should consider Part 16 of the Act, which deals with gambling advertising. Please seek advice from the Gambling Commission on www.gamblingcommission.gov.uk
Marketing activity by SMS and e-mail is governed by the Privacy and Electronic Communications (EC Directive) Regulations 2003 and marketers should have regard to those as well as Code section 10 (Database Practice).
See other relevant Betting and Gaming and Database Practice entries.
Last modified : 02 August 2010