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 these rules 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 September 2007, licensed casinos could use only classified ads to advertise to the public and the Copy Advice team applied that rule when marketers advertised gambling facilities on-site. On 1 September 2007, the position changed and companies based in countries on the White List, in the EEA or holding a Gambling Commission licence are now legally permitted to advertise in the UK.
Marketing communications for non-gaming events or facilities that are in the same complex as, but separate from, gambling events or facilities do not need to comply with the CAP gambling rules, provided they do not portray or refer to gambling (Background to Gambling Section). But ads for non-gambling leisure facilities that refer to separate gambling facilities (for example, as part of a list of facilities on a cruise ship) must comply with the CAP gambling rules (Rule 16.3.15). Marketers of, say, a hotel complex that includes a casino have to decide whether they want to list the casino so as not to mislead by omission (some readers might consider it a significant factor in deciding whether to book a holiday there) and include it in the list of on-site amenities. If they do, the ad will become subject to section 16. Also, ads for non-gambling events or facilities that can be accessed only by entering gambling premises should make that condition clear (Rule 16.3.17).
Ads for entertainment centres, travelling fairs, horse racecourses and dog race track and for non-gambling leisure facilities that incidentally refer to gambling facilities may include children or young persons provided they are accompanied by an adult and are socialising responsibly in areas that the Gambling Act 2005 does not restrict by age (Rule 16.3.17).
See other relevant Betting and Gaming entries.
Last modified : 02 August 2010