|NOTE: This code is effective for all new advertisements placed from 5 August 2019. It will be effective 4 November 2019 for all advertisements. For advertisements placed before 5 August 2019, the Code For Advertising Gaming and Gambling is applicable.
Read the ASA Codes Committee report on the review of the gambling advertising standards here – Report on the review of the Code for Advertising Gaming and Gambling April 2019.
A pdf version of this code can be viewed here – Gambling Advertising Code 2019.
Purpose of the Code
The purpose of the Gambling Advertising Code (Code) is to ensure that gambling advertising is conducted in a manner that demonstrates a high standard of social responsibility. All gambling advertisements must be legal, decent, honest and truthful and respect the principles of fair competition. This Code recognises that gambling advertisements must not undermine the need for the prevention and minimisation of gambling-related harm, with particular regard for the need to protect children, young people and other vulnerable persons.
All gambling advertisements must adhere to the Principles and Rules set out in this Code. In addition, the Principles and Rules set out in the Advertising Standards Code describe the standards expected in all advertising, including gambling advertisements. Attention is drawn to the Gambling Act 2003 and the Racing Act 2003.
Definition of Advertisement
“Advertising and Advertisement(s)” means any message, the content of which is controlled directly or indirectly by the advertiser, expressed in any language and communicated in any medium with the intent to influence the choice, opinion or behaviour of those to whom it is addressed.
Application of the Code
This Code applies to all gambling advertisements placed in any media. This code does not apply to any advertisements whose purpose is solely and clearly to educate people about problem gambling.
Ultimately, the responsibility to be aware of and comply with all aspects of advertising regulation is shared between all the parties to an advertisement, including the advertiser, agencies and media organisations. This Code does not apply to content not controlled by the advertiser.
The Code is made up of three parts:
Interpreting the Code
Social responsibility in advertising is embodied in the Principles and Rules of the Code. In interpreting the Code, emphasis must be placed on compliance with both the spirit and intention of the Code. It is possible for advertising to be in breach of one or more of the Principles in the Code without being in breach of a specific Rule.
In determining whether a Principle has been breached, the Complaints Board will have regard to all relevant matters, including;
Definitions for the Purposes of this Code
“Gambling Advertisement” means an advertisement for:
“Children” means all persons below the age of 14 years.
“Young People” means all persons who are at least 14 years but under 18 years.
“Targeting Children and Young People” is determined by having regard to:
(a) the context of the advertisement and
(b) the following criteria;
PRINCIPLE 1: SOCIAL RESPONSIBILITY
Gambling advertisements must be prepared and placed with a high standard of social responsibility to consumers and to society.
|Rule 1 (a) Children and Young People||Guidelines|
|Gambling advertisements must not target children or young people
|The extent to which an advertisement targets children or young people is determined by having regard to:
(a) the context of the advertisement and
(b) the following criteria:
1. The nature and intended purpose of the activity, product or outlet being promoted is principally or generally appealing to children or young people. For example;
2. The presentation of the advertisement content (e.g. theme, images, colours, wording, music and language used) is appealing to children or young people. For example, the following advertisement content may appeal;
Children or Young People may appear in gambling advertisements that are not targeted at them and only in situations where they would naturally be found (e.g. a family meal) provided that there is no direct or implied suggestion that they will participate in the gambling.
3. The expected average audience at the time or place the advertisement appears includes a significant proportion of children and / or young people.
Advertisers need to demonstrate that care is taken when evaluating the expected average audience composition prior to the placement of gambling advertisements to ensure they are not targeted at children and / or young people. Measures to determine if they are likely to be a ‘significant proportion’ of the expected average audience may include one or a combination of the following;
|Rule 1 (b) Gambling Harm||Guidelines|
|Gambling advertisements must not portray or represent anything that will, or is likely to, cause, condone or encourage harm from gambling.||Gambling advertisements must not:
PRINCIPLE 2: TRUTHFUL PRESENTATION
Gambling advertisements must be truthful, balanced and not misleading.
|Rule 2 (a) Truthful Presentation||Guidelines|
|Gambling advertisements must not mislead or be likely to mislead, deceive or confuse consumers, abuse their trust or exploit their lack of knowledge. This includes by implication, inaccuracy, ambiguity, exaggeration, unrealistic claim, omission, false representation or otherwise.
Obvious hyperbole identifiable as such is not considered to be misleading.
|Gambling advertisements must not:
Gambling advertisements must: