Advertising and marketing rules and regulations

Gambling industry code for socially responsible advertising

You should comply with the Gambling industry code for socially responsible advertising (opens in new tab) which is administered by the Industry Group for Responsible Gambling (IGRG).

This code is designed to supplement the CAP and BCAP codes by providing minimum industry standards in a limited number of related areas.

Gambling and lotteries ads of strong appeal to under 18s

The CAP Code requires that marketing communications for gambling must not be likely to be of strong appeal to children or young persons, especially by reflecting or being associated with youth culture, particularly if they are generally available to view by them ('freely accessible'). Read more about how the ASA views this type of content (opens in new tab).

You need to take care with the use of imagery, wording and characters used in marketing communications. Ads must not include a person or character whose example is likely to be followed by those aged under 18 years or who has a strong appeal to those aged under 18, such as sports people and celebrities.

To support your compliance with the advertising rules, CAP’s guidance, Gambling and lotteries advertising: protecting under-18s (opens in new tab), was released in April 2022.

Sports sponsorship and advertising

Sports organisations who engage in sponsoring and advertising arrangements with unlicensed gambling operators are at serious risk of committing the offence of advertising unlawful gambling under section 330 of the Gambling Act 2005 (opens in new tab) (the Act). Its officers may also be liable to prosecution in certain circumstances. If found guilty, they could face a fine, imprisonment or both. Therefore, sports organisations must diligently and continuously ensure that they are not advertising unlawful gambling.

Sports organisations engaging in such arrangements with an unlicensed brand, must ensure that online gambling activity for that unlicensed brand is blocked and inaccessible to consumers in Great Britain. However, it is important to be aware that Internet Protocol (IP) blocking technology can be circumvented, so ongoing monitoring of the arrangement is essential to ensure those arrangements are effective and that consumers based in Great Britain are not able to register and gamble on unlicensed websites. We would expect that the process of registration would identify those consumers with an address in Great Britain and prevent them from gambling. In such instances, the Commission will seek assurance from clubs that they have carried out due diligence on their gambling partners and that consumers in Great Britain cannot transact with the unlicensed websites. The Commission may also take steps to independently verify effective blocking measures are in place.

Sports organisations will need to continue to satisfy themselves that their sponsorship and associated advertising arrangements are legal and do not present a reputational risk to their sport. It is essential that any organisation contracting with brands that do not hold a Gambling Commission licence manage their exposure to risk. This includes satisfying themselves as to the source of the funds for the arrangement.

Risks to the integrity of sport can be greater where betting occurs in markets which are beyond the reach of the Commission and National Governing Bodies. Only gambling operators that hold operating licences issued by the Commission are subject to the controls that we have developed with sport’s governing bodies and the betting industry to combat corrupt sports betting.

The Commission is of the view that the best way for sports organisations to protect themselves against these risks is to ensure that they only promote gambling operators that hold operating licenses issued by the Commission.

You can check the licence status of gambling operators by viewing our register of gambling businesses.

Young people in marketing material

For the purposes of these rules, children are those who are 15 and under, and young persons are people of 16 or 17.

As a general rule, marketing communications for gambling must not include a child or a young person. No one who is, or seems to be, under 25 years old may be featured gambling or playing a significant role.

Individuals who are, or seem to be under 25 years old (18-24 years old) may be featured playing a significant role only in marketing communications that appear in a place where a bet can be placed directly through a transactional facility; for instance, a gambling operator’s premises or own website.

In all other instances, including social media, under 25s must not feature.

CAP has published the outcome of a consultation on a proposal to amend the Gambling section of the CAP Code. CAP Gambling Consultation Regulatory Statement: Betting websites featuring individuals under the age of 25 (opens in new tab).

Open and transparent marketing

You must ensure that your marketing communications do not mislead consumers.

All significant terms and conditions which are likely to affect a consumer’s understanding of a marketing promotion must be prominently displayed within the advertisement and positioned close to the headline offer on all relevant landing webpages and sign-up webpages (or equivalent) for that promotion, unless the advertisement is so small that it is impossible to do so.

Significant conditions must be clear, timely, intelligible, unambiguous, non-misleading and transparent. The terms and conditions of each marketing incentive must be made available for the full duration of the promotion.

If the significant conditions are not displayed with sufficient prominence, the ad will be seen as misleading.

We encourage you to refer to CAP's guidance on Gambling ads: free bets and bonuses (opens in new tab) and and to the Competition and Markets Authority principles (opens in new tab) to ensure that all significant terms and conditions relating to promotions are presented in an accessible, clear and transparent way.

Unless expressly permitted by law consumers must not be contacted with direct electronic marketing without their informed and specific consent.

Whenever a consumer is contacted they must be provided with an opportunity to withdraw consent. If consent is withdrawn then you must, as soon as practicable, ensure the consumer is not contacted with electronic marketing unless the consumer consents again, and you must be able to provide evidence which shows that consent.

LCCP 5.1.11 broadly reflects the relevant requirements of the Privacy and Electronic Communications Regulations (PECR), which are enforced by the Information Commissioner’s Office (ICO). Relevant guidance can be found on the ICO’s website (opens in new tab):

• electronic and telephone marketing
• guidance on direct marketing
• direct marketing checklist
• guidance on cookies.

Responsible placement of digital adverts

You must ensure that you do not place digital advertisements on websites providing unauthorised access to copyrighted content and must take all reasonable steps to ensure that third parties with whom you contract do similar.

The Infringing Website List (IWL) (opens in new tab), owned by the City of London Police’s Intellectual Property Crime Unit (PIPCU), is an online portal containing an up-to-date list of copyright infringing sites. The aim of the IWL is that advertisers, agencies and other intermediaries can voluntarily decide to stop advert placement on these illegal websites.

We'd encourage you to to sign up to access the IWL. For more information and to request access, email: PIPCUIWL@cityoflondon.pnn.police.uk