The Advertising Standards Authority (ASA) recently issued two reminders to the gambling industry around various key principles in connection with social responsibility and the use of animals in advertising.(1)
The reminders are essentially restatements of the ASA's existing position on these topics, which are illustrated by decisions issued between 2015 and 2020. Although the reminders present nothing new, they clearly serve to highlight that these are matters which the ASA continues to encounter and that particular care should be taken by operators and marketing affiliates.
Perhaps of more interest is the news in the ASA's Annual Report on Protecting Young and Vulnerable People that it intends to provide an update in mid-2021 on the outcome of its 2020 public consultation on proposals to introduce new strengthened rules and guidance to better protect children, young people (ie, under-18s) and vulnerable people from potential harm relating to gambling advertising.
Possibly the most material development featured in this consultation was a proposal that the current test around the potential appeal of a gambling advert to under-18s being by reference to it having 'particular appeal' (ie, more appealing to under-18s than to adults) be changed so that the test will become one of 'strong appeal'. Although perhaps equally subjective, this will clearly represent a lower threshold. Detailed guidance has yet to be published but this proposal is expected to present significant challenges in relation to endorsements deals with sporting stars and celebrities.(2)
Endnotes
(1) For further information please see "Don't be a joker: gambling and the ad rules" and "The 'particular appeal' of animals".
(2) For further information please see "Gambling Advertising – The End of Celebrity Endorsement Deals?"
