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DAP reflections

A number of major operators have started to react to the obvious risk of advertising gambling. They have agreed to a voluntary “whistle-to-whistle” ban on TV advertising during live sports, in an effort to address concerns about their impact on children and vulnerable adults. However, these measures, in our view, do not fully address the obvious and substantial risks associated with gambling advertising.

We note that progress is being made with cooperation between Gambling Commission, the operators and other concerned public bodies such as the Committees of Advertising Practice (CAP and BCAP). New guidance16 came into effect on April 1st, 2019, although it is too soon to see the impact of these changes.

Instead, we recommend the operators be required to report progress on targeting their online advertising away from problem and at-risk gamblers as well as children. This may involve the Gambling Commission clarifying the definition of these terms, but the main onus must be on operators to use their big data and analytic capability to identify vulnerable gamblers better and ensure that their advertising, free bets and bonuses do not increase risk of harm. Currently we can see that while enabling technology is available to them, operators are unable to identify problem and at-risk gamblers reliably, and they are less able to ensure that advertising is directed away from these vulnerable groups. Until the operators can demonstrate that their advertising does not cause gambling related harm with vulnerable groups, this activity can only increase the risks associated with gambling. The dramatic rise in online advertising exacerbates this issue and the possibility that an unscrupulous operator could use the power of big data, ad-tech and other technologies to target vulnerable groups undetected will only increase public concern.

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