A recent ruling by the UK Advertising Standards Authority (ASA) has found that an advertisement by BetVictor violated the country’s code of conduct by having strong appeal to individuals under the age of 18. In response to the ruling, BetVictor argued that their advertisement did not breach the code, citing guidance from the Committee for Advertising Practice (CAP). However, the ASA maintained that the advertisement breached the code as it associated with youth culture and featured players who could have a strong appeal to underage individuals. This ruling provides clarity on the players deemed to fall within the guidelines, expanding the scope beyond previous interpretations.
Breaching the Code of Conduct:
The ASA ruling concluded that BetVictor’s advertisement violated the UK’s code of conduct by having a strong appeal to individuals under the age of 18. The ASA emphasized that marketing communications for gambling products must not reflect or be associated with youth culture, nor should they include individuals or characters that could be followed by or strongly appeal to individuals under the age of 18. The ASA’s decision highlights the importance of responsible advertising practices in the gambling industry, particularly concerning the protection of underage individuals.
BetVictor’s Defense:
BetVictor responded to the ruling by asserting that they did not breach the code of conduct. They cited CAP guidance, which states that the use of a person or character associated with subjects of strong appeal to under-18s is not alone sufficient for the ASA to find an advertisement in breach of the code. Additionally, BetVictor highlighted that the players featured in the advertisement were not prominent stars like Lionel Messi or Cristiano Ronaldo. They also noted that these players had not played against a Premier League team since 2019, nor had they competed against Wales or England when the advertisement aired.
ASA Ruling and its Implications:
Contrary to BetVictor’s arguments, the ASA maintained that the advertisement did breach the code of conduct. The ruling clarified that the scope of the code extends beyond previous interpretations, now including players who are not associated with teams in the UK. This expanded interpretation widens the ASA’s oversight, aligning with the CAP guidance introduced in October of the previous year. The ASA’s ruling establishes a precedent for assessing the inclusion of players in gambling advertisements, especially in terms of their appeal to underage individuals.
Legal Commentary:
Felix Faulkner, a solicitor at Poppleston Allen, offered insights into the ruling’s implications. He noted that the ASA’s decision provides a clearer understanding of the football players considered to fall within the new guidelines. Faulkner highlighted that this ruling is the first to address players who represent teams outside the UK, broadening the ASA’s purview beyond their previous examination of players under the Committee for Advertising Practice guidance. This development underscores the importance of considering players’ appeal to underage individuals and aligns with efforts to regulate and promote responsible advertising practices in the gambling industry.
The ASA’s ruling against BetVictor’s advertisement for breaching the UK’s code of conduct emphasizes the need for responsible advertising in the gambling sector. By associating with youth culture and featuring players who could strongly appeal to individuals under the age of 18, the advertisement violated guidelines designed to protect underage individuals from potentially harmful influences. BetVictor’s argument invoking CAP guidance was dismissed by the ASA, further clarifying the interpretation of the code and widening the scope to include players outside the UK. This ruling sets a precedent for assessing the inclusion of players in gambling advertisements, reinforcing the industry’s commitment to responsible advertising practices and safeguarding vulnerable demographics.