CAP and BCAP Update Guidance on Protecting Under-18s in Gambling and Lotteries Advertising

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The Committee of Advertising Practice (CAP) and the Broadcast Committee of Advertising Practice (BCAP) have updated their guidance on protecting under-18s in gambling and lotteries advertising.

In 2022, following public consultation, CAP and BCAP introduced a stricter standard, replacing the previous test of “particular” appeal (content likely to appeal more to under-18s than adults) with a stricter test of “strong” appeal, where there is a reasonable case that creative content might unduly attract the attention of under-18s.

The change brought more content within the scope of the Codes’ restrictions, particularly around sport, the use of personalities and material related to video games and online gaming.

Three years on, following a series of rulings, stakeholder input and a review of research, CAP and BCAP have made several updates to the guidance to reflect what has been learned in practice.

Key updates include:

• Clarification on social media following. The guidance now includes the following text:

One rule of thumb is that at least a total of 100,000 social media follower accounts registered to people under-18, across social media platforms, is indicative of strong appeal. Marketers should consider this rule of thumb when considering whether a given personality is likely to be of strong appeal to under-18s. The ASA may deem a personality of strong appeal even if they have fewer than a total of 100,000 follower accounts registered to under-18s across platforms, or, in some cases, it may deem a personality not of strong appeal even if they have more than 100,000 under-18 registered follower accounts across platforms, depending on other factors relevant to their appeal to young people. Furthermore, marketers should exercise particular caution in the absence of UK-specific data.

• A new Context section, explaining how appeal can vary depending on setting and execution.

• Further clarification on “adult-centric” and “non-adult-centric” sports, setting out how these distinctions apply.

• Extra detail on the role of social media, reflecting the evolving marketing landscape.

The updated guidance remains an essential resource for anyone involved in gambling and lotteries marketing communications.

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