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.
The Gambling Act recognises and accommodates the significant technological changes that have taken place in the last 40 years. Accordingly, since the Act came into force in September 2007, on-line casinos may be based in Great Britain provided the operator obtains a “remote gambling” operating licence. Only operators with at least one piece of remote gambling equipment (listed in Section 36 of the Act) located in Great Britain are eligible for Gambling Commission licences. Section 4 of the Act defines “remote gambling” as gambling in which people participate by means of “remote communication”, which includes the Internet, telephone, television, radio and any other type of electronic or other technology for facilitating communication.
On-line casinos based in the EEA or white-listed countries may advertise in Great Britain.
Under the Act, the previous prohibition on marketing communications for on-line casinos offering an incentive, inducement or encouragement to gamble has been lifted. Although the CAP Code does not deal directly with incentives and inducements, the Code requires marketers to be socially responsible. Marketers wanting to offer incentives and inducements should have regard to the Social Responsibility Code of Practice Provisions issued by the Gambling Commission; please see http://www.gamblingcommission.gov.uk/Client/mediadetail.asp?mediaid=134
Marketers and media owners should assure themselves that on-line casinos (and other non-British-based gambling operators) are not promoting inducements that could invite excessive or harmful play. Any incentive, inducement or reward must be set out clearly, including significant terms and conditions that apply. Although they will vary depending on the type of gambling and player, inducements and rewards should be proportionate to the amount of money and time spent by the player. They should neither increase at a greater rate if greater amounts of time or money are spent nor encourage players to gamble substantial amounts at regular and fixed frequencies or within a fixed and limited period. They should also be proportionate to the gambling environment. For example, a one-off reward of a free bet after £50 has been wagered could be acceptable provided giving a free bet is not unusual at that level for that type of gambling.
See also other relevant Betting and Gaming entries.
Last modified : 02 August 2010