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New rules on gambling adverts announced

CAP have made a change to the rule prohibiting people who are or seem to be under twenty fives featuring in gambling ads playing a significant role.

18/09/2013

Following a public consultation to which the IPA contributed, CAP has decided to change the CAP Code which, by Rule 16.3.14, prohibits marketing communications for gambling products from featuring people who are or seem to be under the age of 25 playing a significant role.

The change will now allow marketers to feature people under the age of 25 on betting websites where they are illustrating a bet being offered. This restores the position that had existed prior to CAP’s digital remit extension where betting websites could use such images, for instance, a footballer illustrating a bet on their performance in a match.

The existing CAP Code rule 16.3.14 states: Marketing communications must not:

"[...] include a child or a young person. No-one who is, or seems to be, under 25 years old may be featured gambling or playing a significant role. No-one may behave in an adolescent, juvenile or loutish way”.

The new CAP Code rule 16.3.14 will now state: Marketing communications must not:

“[...] include a child or a young person. No-one who is, or seems to be under-25 years old may be featured gambling. No-one may behave in an adolescent, juvenile or loutish way”. Individuals who are, or seem to be under 25 years old (18 -24 years old) may be featured playing a significant role only in marketing communications that appear in a place where a bet can be placed directly through a transactional facility, for instance, a gambling operator’s own website. The individual may only be used to illustrate specific betting selections where that individual is the subject of the bet offered. The image or other depiction used must show them in the context of the bet and not in a gambling context.”

Says IPA Legal Director, Richard Lindsay; “The change is sensible, dealing with an unforeseen and unintended consequence of CAP’s digital remit extension. Allowing gambling operators to feature U25s on their websites where they are the subject of a bet creates a more level playing field since betting shops are able to feature people U25 for some of their selections. Further, gambling websites are unlikely to be viewed by those below the minimum age for gambling.”

For further information, click here

Last updated 18/09/2013


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