Advertising by gambling operators
Request
Under the Freedom of Information Act 2000, I request the following information relating to advertising by gambling operators not licensed by the UK Gambling Commission.
For the period 01 January 2025 to the present, please provide:
- The number of investigations conducted into advertising by unlicensed gambling operators accessible to UK consumers
- Any enforcement actions taken
- Any internal analysis or reporting relating to the prevalence of unlicensed operator advertising.
Response
Thank you for your request which has been processed under the Freedom of Information Act 2000 (FOIA).
In your email you have requested the following information for the period 01 January 2025 to the present:
- The number of investigations conducted into advertising by unlicensed gambling operators accessible to UK consumers.
- Any enforcement actions taken.
- Any internal analysis or reporting relating to the prevalence of unlicensed operator advertising.
In relation to part one and two of your request, we can confirm that the Gambling Commission have issued 260 Cease and Desist notices to advertisers for committing an offence under s330 Gambling Act 2005 (opens in new tab) between January 2025 and February 2026.
Contextually, when an unlicensed gambling website is identified, a Cease and Desist notice is issued for offering provisions for unlicenced Gambling, an offence under s33 Gambling Act 2005 (opens in new tab).
Both offences result in disruption actions being taken, and these are discussed in the below publication available on our website.
The Cease and Desist notice gives the websites operator 48 hours to implement geo-blocking or another method of preventing consumers in Great Britain from accessing the site. The 48-hour period was previously 14 days and has been significantly reduced which enables quicker disruption to take place.
We release details of our published enforcement activity through public statements. In relation to illegal operators there can be action that we have taken but do not place into the public domain to protect the integrity of our investigate approaches or to avoid guiding consumers to illegal sites. Any public statements will detail the nature of the failings by the operator and the amount of the fine or settlement.
Further to this, the Commission also publishes a list of recent regulatory sanctions we have imposed on licence holders. However, public statements are only available on the Gambling Commission website for 3 years from the date of issue, more historic sanctions records are readily available on request.
In relation to part three of your request, I can confirm that the Gambling Commission does hold some information falling within the scope of your request.
However, the Commission plans to publish information from the Gambling Survey for Great Britain and from Consumer Voice in relation to illegal gambling in the near future.
As such, we are of the view that this information is exempt under section 22A(1) (“Research Information”) of the FOIA.
Section 22A(1) (“Research Information”) provides that Information obtained in the course of, or derived from, a programme of research is exempt information if:
a. the programme is continuing with a view to the publication, by a public authority or any other person, of a report of the research (whether or not including a statement of that information), and
b. disclosure of the information under this Act before the date of publication would, or would be likely to, prejudice the programme,
i. the interests of any individual participating in the programme,
ii. the interests of the authority which holds the information, or
iii. the interests of the authority mentioned in paragraph (a) (if it is a different authority from that which holds the information).
Public interest test
This is a qualified exemption; therefore, the Commission must consider whether the public interest in maintaining the exemption is greater than the public interest in disclosing the requested information. These arguments are as follows:
Arguments in favour of disclosure:
- there is a legitimate public interest in promoting the accountability and transparency of public authorities.
- there is a public interest in Government Departments providing information they hold, that falls within the scope of an FOI request, as quickly as possible.
- disclosure of the raw data and the conversations about it allows for a wider evaluation of the conclusions that have been published.
Arguments in favour of maintaining the exemption:
- this needs to be balanced with the public interest in the Commission ensuring the maximum time/cost effectiveness.
- this research is ongoing and there is an intention to publish data, alongside any supporting analysis.
- as such, the Commission should be able to complete research before it is subjected to external scrutiny.
- premature publication of this data could lead to an incomplete and confusing picture emerging and would be likely to cause prejudice to the programme of research and statistics.
Weighing the balance
Whilst we recognise that there is a public interest in promoting the transparency and accountability of public authorities in a timely manner, there is no outstanding public interest in releasing this information whilst the programme is still ongoing.
Having considered the above factors, the Commission is of the view that the balance of the public interest lies in maintaining the exemption.
In order to be of some assistance, please see the following link to the information published to date: Understanding consumer engagement with illegal online gambling.
Review of the decision
If you are unhappy with the service you have received in relation to your Freedom of Information request you are entitled to an internal review of our decision. You should write to FOI Team, Gambling Commission, 4th floor, Victoria Square House, Victoria Square, Birmingham, B2 4BP or by reply to this email.
Please note, internal review requests should be made within 40 working days of the initial response. Requests made outside this timeframe will not be processed.
If you are not content with the outcome of our review, you may then apply directly to the Information Commissioner (ICO) for a decision. Generally, the ICO cannot make a decision unless you have already exhausted the review procedure provided by the Gambling Commission.
It should be noted that if you wish to raise a complaint with the ICO about the Commission’s handling of your request for information, then you are required to do so within six weeks of receiving your final response or last substantive contact with us.
The ICO can be contacted at: The Information Commissioner’s Office (opens in a new tab), Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.
Information Management Team
Gambling Commission