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 Betting and Gaming section of the Code does not deal specifically with horse or dog racing, bookmakers or betting tipsters. The ASA receives many complaints about the latter category and, because the problem was becoming so widespread, CAP has issued guidance to the industry in the form of a Help Note.
Complaints about betting tipsters are usually about whether the advertiser has predicted the winners they claim, whether they have exaggerated the level of winnings and whether they have selected either the period or the horses to give themselves an artificial advantage. As a general rule, because the advertisers have little or no evidence to back-up their claims, the complaints are nearly always upheld. An example is First Post Racing Ltd (5 May 2004), which featured claims such as “outstanding winning coups with massive returns from members with £4,033 profit at SP to £100 level stakes on all bets Astounding results from just 11 bets.” Because they had exaggerated the likely success of their service and had not provided documentary evidence for the profit claims, the ASA told the advertisers to withdraw the mailings.
Betting tipsters who want to claim either that they have predicted winners in the past or that they have returned a profit for their clients over a stated period must “proof” their advice with an independent body. That means they should register the recommended bet with a demonstrably independent body before the race so its accuracy can be confirmed after the race. Although a publisher (who would benefit from the advertising revenue from the marketer) is unlikely to be considered independent, a well-known and reputable firm (but not individual) accountants or solicitors may be acceptable.
Betting tipsters should not state or imply that success is “guaranteed” (Isiris Racing Services, 24 March 2004, and Jason Lester Racing, 13 October 2004) and should quote after-tax figures. Marketers should not claim players will be so successful that they can forge a long-term profit by using the betting system (Select Services, 20 October 2004). Terms such as “income”, “easy money” and “financial freedom” should be avoided. In March 2004, the ASA asked a marketer to change his advertising for a betting system after he used claims such as “would you like more money without any work involved … I have a unique money-making system. Based on inside information” (James Alexander, 17 March 2004).
Last modified : 02 August 2010