Advertising regulator 'failing to protect children from gambling marketing'

The Advertising Standards Agency has been accused by peers of a “continuing failure” to protect children from gambling advertising online.

In a letter seen by ITV News, Peers for Gambling Reform have written to the Gambling Minister expressing their “serious concerns” around “content marketing”, its appeal to children and the lack of action taken against it.

It’s a form of social media post where companies share material online which doesn’t explicitly advertise their product, but which is designed to be shareable and often funny.

This kind of content now makes up half of the hundreds of thousands of posts made by gambling firms online each year, and research from the University of Bristol has shown it appeals four times more to children than adults.

In just one weekend last year, the ten largest betting operators generated over 20 million views by this form of marketing. The letter argues this is “one of the most prolific and effective forms of gambling advertising in the UK”.

The Committee of Advertising Practice (CAP) Code prohibits gambling marketing from having a “strong appeal to children”.

The Midnite adverted that the Advertising Standards Agency breached its rules

In his letter Lord Foster says researchers and campaigners first raised the issue with the ASA in 2019 and have seen a “pattern of delay” ever since, despite multiple promises to take action and new evidence of the impact of content marketing.

In the letter Lord Foster pointed out: “The University of Bristol alone has reported over 150 examples of gambling content marketing to ASA since 2021.”

It comes as the regulator ruled on Wednesday against a piece of content marketing made by a gambling firm for the first time.

A single post by the firm ‘Midnite’ has been ruled as in breach of the CAP Code because it features an AI video of footballer Trent Alexander-Arnold.

Premier League footballers are deemed by the ASA to likely be of strong appeal to children.

However, that is just one of 20 posts featured in a complaint by researchers first reported on earlier this year by ITV News.

Gambling Minister Baroness Twycross. / Credit: PA

Since then, 18 of those have been ruled by the ASA as being beyond their remit and not a form of advertising.

Dr Raffaello Rossi, who first raised the complaint, said: “In my repeated dealings with the ASA, it has become painfully clear that they are incapable of drawing a clear line between content marketing and advertising.

“Time and time again, they have rejected our complaints as ‘out of remit’ – while in the same breath insisting publicly that ‘the vast majority of content marketing is in remit’.”

In his letter, Lord Foster calls on the Gambling Minister Baroness Twycross to intervene.

“Without ministerial leadership, children and young people will remain exposed to forms of gambling advertising that the evidence shows are especially harmful, and that the regulator has consistently failed to address.”

A spokesperson for the ASA: “Protecting children from advertising-related harm sits at the heart of our work, and we have strict rules in place to ensure that gambling ads are responsible and are not targeted at children, or likely to be of strong appeal to them.

“Content marketing raises questions around jurisdiction and the boundaries between advertising and editorial content.

“Because of uncertainty on whether and how the Advertising Code applies to social media posts by gambling operators who are based abroad, we’ve had to take time and care to ensure our regulation covers them effectively.

“The scope of the Advertising Code has now been clarified and extended, which will give us greater room to tackle potentially irresponsible gambling ads.”

A DCMS spokesperson said: “The Advertising Standards Authority (ASA) is responsible for regulating advertising in the UK and operates independently of the Government. We are unable to comment on ongoing investigations.

“We are pleased with the recent announcement that all non-paid-for marketing communications from licensed gambling operators which are aimed at UK consumers will now fall within the ASA’s remit allowing for greater consistency in rulings.

“We have received Lord Foster’s letter and will be responding directly in due course.”

Midnite declined to comment.