UK GAMBLING COMMISSION
Advice On-line:- Betting and Gaming: On-line Casinos.
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fully into effect on 1 September 2007 and the Betting and Gaming section of the CAP Code (Clauses 54.1 to 54.7) has been replaced by Clauses 57.1 to 57.4. In general, marketers should neither 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. From 1 September 2007, all gambling ads need to comply with the new rules 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 recognizes 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 license. 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 licenses. 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 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.
Gambling clauses of the CAP Code
57.1
The term "gambling" means gaming, betting, and participating in a lottery, as defined in the Gambling Act 2005, and spread betting. This section does not apply to the UK National Lottery. The UK National Lottery is, however, subject to the rest of the Code.
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.
Spread Betting may be advertised as an investment under the Financial Services and Markets Act (FSMA) 2000, the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 and other FSA rules and guidance (see clause 53.1 above). A "Spread Bet" is a contract for differences that is a gaming contract, as defined in the glossary to the FSA Handbook.
The clauses in this section apply to marketing communications for "play for money" gambling products and marketing communications for "play for free" gambling products that offer the chance to win a prize or that explicitly or implicitly direct the consumer to a "play for money" gambling product, whether on-shore or off-shore.
For the purposes of this Section, "children" are people of 15 and under and "young persons" are people of 16 or 17.
57.2 Marketing communications for gambling should be socially responsible, with particular regard to the need to protect children, young persons and other vulnerable persons from being harmed or exploited by advertising that features or promotes gambling.
57.3
a) In line with clause 2.8, the spirit as well as the letter of the clauses in this section apply whether or not a gambling product is shown or referred to.
b) These clauses are not intended to inhibit marketing communications to counter problem gambling that are responsible and unlikely to promote a brand or type of gambling.
c) Unless they portray or refer to gambling, these clauses do not apply to marketing communications for non-gambling leisure events or facilities, for example hotels, cinemas, bowling alleys or ice rinks, that are in the same complex as, but separate from, gambling events or facilities.
57.4 Marketing Communications:
a) should not portray, condone or encourage gambling behavior that is socially irresponsible or could lead to financial, social or emotional harm
b) should not exploit the susceptibilities, aspirations, credulity, inexperience or lack of knowledge of children, young persons or other vulnerable persons.
c) should not suggest that gambling can provide an escape from personal, professional or educational problems such as loneliness or depression.
d) should not suggest that gambling can be a solution to financial concerns, an alternative to employment or a way to achieve financial security.
e) should not portray gambling as indispensable or as taking priority in life, for example over family, friends or professional or educational commitments.
f) should not suggest that gambling can enhance personal qualities, for example that it can improve self-image or self-esteem, or is a way to gain control, superiority, recognition or admiration.
g) should neither suggest peer pressure to gamble nor disparage abstention.
h) should not link gambling to seduction, sexual success or enhanced attractiveness.
i) should not portray gambling in a context of toughness or link it to resilience or recklessness.
j) should not suggest gambling is a rite of passage.
k) should not suggest that solitary gambling is preferable to social gambling.
l) should not be likely to be of particular appeal to children or young persons, especially by reflecting or being associated with youth culture.
m) should not be directed at those aged below 18 years (or 16 years for lotteries, football pools, equal chance gaming (under a prize gaming permit or at a licensed family entertainment center), prize gaming (at a non-licensed family entertainment center or at a traveling fair) or Category D gaming machines) through the selection of media or context in which they appear.
n) should not include a child or 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.
o) for family entertainment centers, traveling fairs, horse racecourses and dog race tracks, and for non-gambling leisure facilities that incidentally refer to separate gambling facilities e.g. as part of a list of facilities on a cruise ship, may include children or young persons provided they are accompanied by an adult and are sociallising responsibly in areas that the Gambling Act 2005 does not restrict by age. Marketing communications for a lottery product may include children or young persons. No-one who is, or seems to be, under 25 years old may be featured gambling or playing a significant role.
p) that exclusively feature the good causes that benefit from a lottery and include no explicit encouragement to buy a lottery product may include children or young persons and they may be featured playing a significant role.
q) should not exploit cultural beliefs or traditions about gambling or luck.
r) for events or facilities that can be accessed only by entering gambling premises should make that condition clear.
s) should not condone or encourage criminal or anti-social behavior.
t) should not condone or feature gambling in a working environment. An exception exists for licensed gambling premises.
Relevant Code Clauses:
* 54 - OTHER SPECIFIC RULES - BETTING AND GAMING
Adjudications:
* Cassava Enterprises Ltd t/a www.888.com - 16th July 2003
Relevant adjudications shown may have been made under the current edition of the CAP Code or previous editions. If you would like to see an adjudication that was made before January 1999, please contact the ASA Communications team
Want more information on this or another subject? The Copy Advice team can offer you fast, free and confidential advice. Give us a call on 020 7492 2100
Last updated: 03/09/2007 15:26:58
AdviceOnline: Betting and Gaming: Online Casinos
Skip Navigation
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 and the Betting and Gaming section of the CAP Code (Clauses 54.1 to 54.7) has been replaced by Clauses 57.1 to 57.4. In general, marketers should neither 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. From 1 September 2007, all gambling ads need to comply with the new rules 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 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.
Gambling clauses of the CAP Code
57.1
The term "gambling" means gaming, betting, and participating in a lottery, as defined in the Gambling Act 2005, and spread betting. This section does not apply to the UK National Lottery. The UK National Lottery is, however, subject to the rest of the Code.
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.
Spread Betting may be advertised as an investment under the Financial Services and Markets Act (FSMA) 2000, the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 and other FSA rules and guidance (see clause 53.1 above). A "Spread Bet" is a contract for differences that is a gaming contract, as defined in the glossary to the FSA Handbook.
The clauses in this section apply to marketing communications for "play for money" gambling products and marketing communications for "play for free" gambling products that offer the chance to win a prize or that explicitly or implicitly direct the consumer to a "play for money" gambling product, whether on-shore or off-shore.
For the purposes of this Section, "children" are people of 15 and under and "young persons" are people of 16 or 17.
57.2 Marketing communications for gambling should be socially responsible, with particular regard to the need to protect children, young persons and other vulnerable persons from being harmed or exploited by advertising that features or promotes gambling.
57.3
a) In line with clause 2.8, the spirit as well as the letter of the clauses in this section apply whether or not a gambling product is shown or referred to.
b) These clauses are not intended to inhibit marketing communications to counter problem gambling that are responsible and unlikely to promote a brand or type of gambling.
c) Unless they portray or refer to gambling, these clauses do not apply to marketing communications for non-gambling leisure events or facilities, for example hotels, cinemas, bowling alleys or ice rinks, that are in the same complex as, but separate from, gambling events or facilities.
57.4 Marketing Communications:
a) should not portray, condone or encourage gambling behavior that is socially irresponsible or could lead to financial, social or emotional harm
b) should not exploit the susceptibilities, aspirations, credulity, inexperience or lack of knowledge of children, young persons or other vulnerable persons.
c) should not suggest that gambling can provide an escape from personal, professional or educational problems such as loneliness or depression.
d) should not suggest that gambling can be a solution to financial concerns, an alternative to employment or a way to achieve financial security.
e) should not portray gambling as indispensable or as taking priority in life, for example over family, friends or professional or educational commitments.
f) should not suggest that gambling can enhance personal qualities, for example that it can improve self-image or self-esteem, or is a way to gain control, superiority, recognition or admiration.
g) should neither suggest peer pressure to gamble nor disparage abstention.
h) should not link gambling to seduction, sexual success or enhanced attractiveness.
i) should not portray gambling in a context of toughness or link it to resilience or recklessness.
j) should not suggest gambling is a rite of passage.
k) should not suggest that solitary gambling is preferable to social gambling.
l) should not be likely to be of particular appeal to children or young persons, especially by reflecting or being associated with youth culture.
m) should not be directed at those aged below 18 years (or 16 years for lotteries, football pools, equal chance gaming (under a prize gaming permit or at a licensed family entertainment centre), prize gaming (at a non-licensed family entertainment center or at a traveling fair) or Category D gaming machines) through the selection of media or context in which they appear.
n) should not include a child or 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.
o) for family entertainment centers, traveling fairs, horse racecourses and dog race tracks, and for non-gambling leisure facilities that incidentally refer to separate gambling facilities e.g. as part of a list of facilities on a cruise ship, may include children or young persons provided they are accompanied by an adult and are sociallising responsibly in areas that the Gambling Act 2005 does not restrict by age. Marketing communications for a lottery product may include children or young persons. No-one who is, or seems to be, under 25 years old may be featured gambling or playing a significant role.
p) that exclusively feature the good causes that benefit from a lottery and include no explicit encouragement to buy a lottery product may include children or young persons and they may be featured playing a significant role.
q) should not exploit cultural beliefs or traditions about gambling or luck.
r) for events or facilities that can be accessed only by entering gambling premises should make that condition clear.
s) should not condone or encourage criminal or anti-social behavior
t) should not condone or feature gambling in a working environment. An exception exists for licensed gambling premises.
Relevant Code Clauses:
* 54 - OTHER SPECIFIC RULES - BETTING AND GAMING
Adjudications:
* Cassava Enterprises Ltd t/a www.888.com - 16th July 2003
Relevant adjudications shown may have been made under the current edition of the CAP Code or previous editions. If you would like to see an adjudication that was made before January 1999, please contact the ASA Communications team
Want more information on this or another subject? The Copy Advice team can offer you fast, free and confidential advice. Give us a call on 020 7492 2100
Last updated: 03/09/2007 15:26:58
Advice On-line: Betting and Gaming: On-line Casinos
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 and the Betting and Gaming section of the CAP Code (Clauses 54.1 to 54.7) has been replaced by Clauses 57.1 to 57.4. In general, marketers should neither 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. From 1 September 2007, all gambling ads need to comply with the new rules 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 recognizes 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 license. 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 licenses. 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 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.
Gambling clauses of the CAP Code
57.1
The term "gambling" means gaming, betting, and participating in a lottery, as defined in the Gambling Act 2005, and spread betting. This section does not apply to the UK National Lottery. The UK National Lottery is, however, subject to the rest of the Code.
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.
Spread Betting may be advertised as an investment under the Financial Services and Markets Act (FSMA) 2000, the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 and other FSA rules and guidance (see clause 53.1 above). A "Spread Bet" is a contract for differences that is a gaming contract, as defined in the glossary to the FSA Handbook.
The clauses in this section apply to marketing communications for "play for money" gambling products and marketing communications for "play for free" gambling products that offer the chance to win a prize or that explicitly or implicitly direct the consumer to a "play for money" gambling product, whether on-shore or off-shore.
For the purposes of this Section, "children" are people of 15 and under and "young persons" are people of 16 or 17.
57.2 Marketing communications for gambling should be socially responsible, with particular regard to the need to protect children, young persons and other vulnerable persons from being harmed or exploited by advertising that features or promotes gambling.
57.3
a) In line with clause 2.8, the spirit as well as the letter of the clauses in this section apply whether or not a gambling product is shown or referred to.
b) These clauses are not intended to inhibit marketing communications to counter problem gambling that are responsible and unlikely to promote a brand or type of gambling.
c) Unless they portray or refer to gambling, these clauses do not apply to marketing communications for non-gambling leisure events or facilities, for example hotels, cinemas, bowling alleys or ice rinks, that are in the same complex as, but separate from, gambling events or facilities.
57.4 Marketing Communications:
a) should not portray, condone or encourage gambling behaviour that is socially irresponsible or could lead to financial, social or emotional harm
b) should not exploit the susceptibilities, aspirations, credulity, inexperience or lack of knowledge of children, young persons or other vulnerable persons.
c) should not suggest that gambling can provide an escape from personal, professional or educational problems such as loneliness or depression.
d) should not suggest that gambling can be a solution to financial concerns, an alternative to employment or a way to achieve financial security.
e) should not portray gambling as indispensable or as taking priority in life, for example over family, friends or professional or educational commitments.
f) should not suggest that gambling can enhance personal qualities, for example that it can improve self-image or self-esteem, or is a way to gain control, superiority, recognition or admiration.
g) should neither suggest peer pressure to gamble nor disparage abstention.
h) should not link gambling to seduction, sexual success or enhanced attractiveness.
i) should not portray gambling in a context of toughness or link it to resilience or recklessness.
j) should not suggest gambling is a rite of passage.
k) should not suggest that solitary gambling is preferable to social gambling.
l) should not be likely to be of particular appeal to children or young persons, especially by reflecting or being associated with youth culture.
m) should not be directed at those aged below 18 years (or 16 years for lotteries, football pools, equal chance gaming (under a prize gaming permit or at a licensed family entertainment centre), prize gaming (at a non-licensed family entertainment centre or at a travelling fair) or Category D gaming machines) through the selection of media or context in which they appear.
n) should not include a child or 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.
o) for family entertainment centres, travelling fairs, horse racecourses and dog race tracks, and for non-gambling leisure facilities that incidentally refer to separate gambling facilities e.g. as part of a list of facilities on a cruise ship, may include children or young persons provided they are accompanied by an adult and are socialising responsibly in areas that the Gambling Act 2005 does not restrict by age. Marketing communications for a lottery product may include children or young persons. No-one who is, or seems to be, under 25 years old may be featured gambling or playing a significant role.
p) that exclusively feature the good causes that benefit from a lottery and include no explicit encouragement to buy a lottery product may include children or young persons and they may be featured playing a significant role.
q) should not exploit cultural beliefs or traditions about gambling or luck.
r) for events or facilities that can be accessed only by entering gambling premises should make that condition clear.
s) should not condone or encourage criminal or anti-social behaviour.
t) should not condone or feature gambling in a working environment. An exception exists for licensed gambling premises.
Relevant Code Clauses:
* 54 - OTHER SPECIFIC RULES - BETTING AND GAMING
Adjudications:
* Cassava Enterprises Ltd t/a www.888.com - 16th July 2003
Relevant adjudications shown may have been made under the current edition of the CAP Code or previous editions. If you would like to see an adjudication that was made before January 1999, please contact the ASA Communications team
Want more information on this or another subject? The Copy Advice team can offer you fast, free and confidential advice. Give us a call on 020 7492 2100
Last updated: 03/09/2007 15:26:58
AdviceOnline: Betting and Gaming: Online Casinos
Skip Navigation
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 and the Betting and Gaming section of the CAP Code (Clauses 54.1 to 54.7) has been replaced by Clauses 57.1 to 57.4. In general, marketers should neither 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. From 1 September 2007, all gambling ads need to comply with the new rules 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 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.
Gambling clauses of the CAP Code
57.1
The term "gambling" means gaming, betting, and participating in a lottery, as defined in the Gambling Act 2005, and spread betting. This section does not apply to the UK National Lottery. The UK National Lottery is, however, subject to the rest of the Code.
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.
Spread Betting may be advertised as an investment under the Financial Services and Markets Act (FSMA) 2000, the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 and other FSA rules and guidance (see clause 53.1 above). A "Spread Bet" is a contract for differences that is a gaming contract, as defined in the glossary to the FSA Handbook.
The clauses in this section apply to marketing communications for "play for money" gambling products and marketing communications for "play for free" gambling products that offer the chance to win a prize or that explicitly or implicitly direct the consumer to a "play for money" gambling product, whether on-shore or off-shore.
For the purposes of this Section, "children" are people of 15 and under and "young persons" are people of 16 or 17.
57.2 Marketing communications for gambling should be socially responsible, with particular regard to the need to protect children, young persons and other vulnerable persons from being harmed or exploited by advertising that features or promotes gambling.
57.3
a) In line with clause 2.8, the spirit as well as the letter of the clauses in this section apply whether or not a gambling product is shown or referred to.
b) These clauses are not intended to inhibit marketing communications to counter problem gambling that are responsible and unlikely to promote a brand or type of gambling.
c) Unless they portray or refer to gambling, these clauses do not apply to marketing communications for non-gambling leisure events or facilities, for example hotels, cinemas, bowling alleys or ice rinks, that are in the same complex as, but separate from, gambling events or facilities.
57.4 Marketing Communications:
a) should not portray, condone or encourage gambling behavior that is socially irresponsible or could lead to financial, social or emotional harm
b) should not exploit the susceptibilities, aspirations, credulity, inexperience or lack of knowledge of children, young persons or other vulnerable persons.
c) should not suggest that gambling can provide an escape from personal, professional or educational problems such as loneliness or depression.
d) should not suggest that gambling can be a solution to financial concerns, an alternative to employment or a way to achieve financial security.
e) should not portray gambling as indispensable or as taking priority in life, for example over family, friends or professional or educational commitments.
f) should not suggest that gambling can enhance personal qualities, for example that it can improve self-image or self-esteem, or is a way to gain control, superiority, recognition or admiration.
g) should neither suggest peer pressure to gamble nor disparage abstention.
h) should not link gambling to seduction, sexual success or enhanced attractiveness.
i) should not portray gambling in a context of toughness or link it to resilience or recklessness.
j) should not suggest gambling is a rite of passage.
k) should not suggest that solitary gambling is preferable to social gambling.
l) should not be likely to be of particular appeal to children or young persons, especially by reflecting or being associated with youth culture.
m) should not be directed at those aged below 18 years (or 16 years for lotteries, football pools, equal chance gaming (under a prize gaming permit or at a licensed family entertainment centre), prize gaming (at a non-licensed family entertainment center or at a traveling fair) or Category D gaming machines) through the selection of media or context in which they appear.
n) should not include a child or 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.
o) for family entertainment centers, traveling fairs, horse racecourses and dog race tracks, and for non-gambling leisure facilities that incidentally refer to separate gambling facilities e.g. as part of a list of facilities on a cruise ship, may include children or young persons provided they are accompanied by an adult and are socialising responsibly in areas that the Gambling Act 2005 does not restrict by age. Marketing communications for a lottery product may include children or young persons. No-one who is, or seems to be, under 25 years old may be featured gambling or playing a significant role.
p) that exclusively feature the good causes that benefit from a lottery and include no explicit encouragement to buy a lottery product may include children or young persons and they may be featured playing a significant role.
q) should not exploit cultural beliefs or traditions about gambling or luck.
r) for events or facilities that can be accessed only by entering gambling premises should make that condition clear.
s) should not condone or encourage criminal or anti-social behavior.
t) should not condone or feature gambling in a working environment. An exception exists for licensed gambling premises.
Relevant Code Clauses:
* 54 - OTHER SPECIFIC RULES - BETTING AND GAMING
Adjudications:
* Cassava Enterprises Ltd t/a www.888.com - 16th July 2003
Relevant adjudications shown may have been made under the current edition of the CAP Code or previous editions. If you would like to see an adjudication that was made before January 1999, please contact the ASA Communications team
Want more information on this or another subject? The Copy Advice team can offer you fast, free and confidential advice. Give us a call on 020 7492 2100
Last updated: 03/09/2007 15:26:58
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Kerzner International, UK Gaming Division, Submission to the
Gambling Commission on the Types and Rules of Casino Games
consultation
October 2006
Kerzner are grateful to take this opportunity to submit comments on the
Types and Rules of Casino Games consultation paper.
Introduction
We note the Gambling Act 2005 gives the Gambling Commission the power
to attach conditions on any casino operating licence which restricts the types
of casino game that can be made available. The Gambling Commission may
also specify rules for casino games or any equal chance game played in a
casino.
We acknowledge that a review of the existing Banker’s Games Regulations,
the existing Practices and Rules of the Games and the current arrangements
for the approval of new games, took place earlier this year. We agree with
the Gambling Commission’s approach in making use of existing standards
and arrangements that remain useful and applicable under the new
legislation, and the discarding of elements which do not fit in with the
Gambling Commission’s general approach to guidance and standards under
the new legislation.
Draft rules of casino games
We believe it is essential that the rules and odds of each game are clearly
posted in prominent locations near the gaming tables in the casino.
We note the proposals are very much in keeping with existing procedures
and use the existing practices and rules document and the Banker’s Games
Regulations as their basis. We endorse the view that it is important the
physical elements of play that a customer might reasonably expect to find as
standard do not change, although there may be additional bets available or
some additional local variations.
We are however concerned with the proposal that operators will have the
flexibility of offering more favourable odds to the customer, if they so wish,
providing the improved odds are displayed without needing to seek
approval. Our view is that the Gambling Commission should specifically
approve changes to the odds, albeit even if they are in the customer’s favour.
This would also be consistent with the requirement for the trialling of new
games which need agreement from and monitoring by the Gambling
Commission.
Q1. Do you agree with the Commission’s proposals which will allow the
changes to numbers of packs of cards and doubling down?
We agree with the proposal to allow the operator the flexibility to determine
how many packs of cards are made available for playing blackjack and
punto banco, with the proviso that the number of packs used is constant
throughout the gaming session and a notice is posted on the table stating
how many packs of cards are in use on that game.
We agree with the proposal to change the rules of blackjack to allow the
player to “double down” on any two card hand.
There is reference to splitting pairs of cards on blackjack (para 24) but no
mention of changing the rules to allow any pair of cards to be split (para 21),
(currently under the Banker’s Games Regulations pairs of 4s, 5s and 10s
cannot be split). In our response to the Licence Conditions and Codes of
Practice, Kerzner recommended that the restriction to splitting cards be
removed and indeed the draft Practices and Rules of the Games, attached to
this consultation makes no reference to the current restriction.
Accordingly we recommend that the splitting of all pairs should be allowed
and that this rule change is added to the other changes in paragraph 21.
Q2. Do you have any specific comments about the proposed draft rules?
We believe the proposed draft rules based on the Practices and Rules of the
Games form a good basis for discussion going forwards.
See specific comment on splitting pairs in answer to Q1 above.
Q3. Do you agree with the Commission’s proposals for the trialling of
new games?
We agree that it would be appropriate and productive for the Gambling
Commission to liaise with the existing industry over the next year, on
agreeing the draft rules for new games, side bets and variations, as this will
facilitate the trialling of new games when the new Act comes into force in
September 2007.
We would also propose that operators or prospective operators that have
assisted the Gambling Commission through the informal consultation
process be included in these discussions. The experience of some operators
with games played in overseas jurisdictions would help inform the Gambling
Commission and the whole industry.
We endorse the view that a licensed operator would not need to be a member
of one of the trade bodies (British Casino Association or Casino Operators
Association) to bring a proposal concerning a game they wish to offer to the
Gambling Commission for approval.
We accept that any casino operator who wishes to apply to take part in the
trial may do so and that trials will be operated to agreed rules and subject to
monitoring by the Gambling Commission’s compliance team. We look
forward to taking part in discussions on how trials and the monitoring of
trials will operate including : the protection of the customer during the trial
period, the monitoring by compliance officers, the set periods for trialling
and data collection, including any complaints received during the trial
period.
Q4. Do you agree that minor, short term and local variations to games
should be allowed to be implemented without trialling, as long as prior
notification to the Commission has been given?
We note the proposal that short term and local variations be allowed
(without trialling) as long as the operator has informed the Gambling
Commission in writing prior to a variation being used. However we believe
that prior to the start of any short term variation confirmation must be sought
from the Gambling Commission agreeing the specific changes and the
specific length of time these variations will last. It is essential that any
changes to game rules and odds are transparent to the players and this would
include temporary changes (eg. happy hour odds).
Q5. Do you have any further comments?
Kerzner propose that all changes and variations to games must be approved
in writing by the Gambling Commission before implementation. This should
include minor amendments which affect the odds, even if they were to be
deemed more favourable to the player, and the proposed duration of such
changes.
Our general position is that whilst we believe standards should apply across
the industry we do not believe that the rules of the games should be too
prescriptive. We of course are cognisant of the licensing objective to ensure
that gambling is conducted in a fair and open way and would comply with
all signage deemed necessary to inform the players of the particular rules
and odds on all games played in the casino.
Jerry Hosea
Compliance Officer
UK Gaming
Kerzner International
07801 560416