The UK Committee of Advertising Practice (CAP) and the Broadcast Committee of Advertising Practice (BCAP) recently announced new rules governing marketing communications for gambling. These rules will be in effect in September 2007 and will apply to advertisements disseminated in the UK.

CAP and BCAP enacted the rules to ensure all gambling advertisements are “socially responsible.” The rules provide marketing restrictions that are aimed to protect children and more “vulnerable” members of society.

In this regard, the rules prohibit gambling advertisements, in any form of media, from being directed at children, defined as persons under the age of 15. Television and radio advertisements will be banned during programs directed at those under 18.

In order to protect children, the rules also place restrictions on the content of the advertisements. Specifically, advertisements may not feature anyone who appears to be under 25. In addition, the content of the gambling advertisement must not be likely to appeal to children or young persons by showing any images associated with youth culture. This prohibition applies to both broadcast and nonbroadcast advertisements.

In addition to these restrictions, the rules include a number of broad prohibitions that limit the content of advertisements. For example, the rules generally prohibit advertisements from:

• Suggesting that gambling enhances personal qualities, such as self-image or self-esteem
• Exploiting the susceptibilities, aspirations, credulity, inexperience or lack of knowledge of children, young persons or other vulnerable persons
• Portraying, condoning or encouraging gambling behavior that is socially irresponsible or could lead to financial, social or emotional harm
• Suggesting gambling can be a solution to financial concerns
• Linking gambling to seduction, sexual success or enhanced attractiveness

It is important to note that the rules do not apply to advertisements for nongambling leisure events or facilities such as hotels, cinemas, bowling alleys or ice rinks that are in the same complex as, but separate from, gambling events or facilities. Thus, there is an argument that one may avoid meeting these requirements if the advertisement is for a hotel that is adjoined with a gambling facility.

It appears these rules were enacted because licensed casinos and betting in the UK, which will include remote gambling, will be given more freedom to advertise in September 2007. Arent Fox is monitoring the implementation of these rules and will provide updates as necessary.

For more information, please contact:

Anthony V. Lupo
202.857.6353
Lupo.anthony@arentfox.com

Sarah Bruno
202.775.5760
Bruno.sarah@arentfox.com