ASA’s Latest CAP Code Update to Gambling Advertisements Sweeps in Non-UK Based Operators

On 1 September 2025, the Advertising Standards Authority (the “ASA”) introduced a pivotal revision to the UK’s gambling advertising regime by way of an extension to the Code of Non-broadcast Advertising and Direct and Promotional Marketing (the “CAP Code”), which is explicitly aimed at non-paid-for online marketing communications.

The revision closes a gambling advertising loophole in the UK by ensuring that all UK licensed operators, regardless of whether they are based overseas, must adhere to the standards of the ASA and comply with the CAP Code.

Update

Until now, businesses based outside of the UK which hold gambling licences to operate in the UK were able to exploit a loophole in the regulations allowing them to advertise certain communications free from the restrictions of the CAP Code rules.

The extension is a significant change as it explicitly captures non-paid-for online marketing communications, such as social media posts. In practical terms, operators holding a gambling licence from the Gambling Commission of Great Britain will no longer be able to rely on the lacuna that allowed social media content to bypass the CAP Code and fall outside of the ASA’s self-regulatory regime where the operator is registered overseas. If the advertisement targets UK consumers, it will now be captured by the CAP Code.

Historically, this had placed offshore operators at an unfair advantage to UK registered operators and allowed such advertisements to fall short of the standards set by the CAP Code and upheld by the ASA.

The revision will most notably impact the marketing communications of offshore operators on social media platforms. Importantly, the adjustment is limited to the gambling sector at this stage, and other industries that lack a UK establishment remain outside of the expansion for the time being.

The ASA is clearly promoting stronger regulatory standards and uniformity in its UK gambling advertising rules. It is showing a commitment to enforcing and upholding regulatory principles, and ensuring all UK licensed operators are held to account by the ASA.

The revision to the CAP Code comes after a series of ongoing changes since 2022, triggered by the government’s review of the Gambling Act 2005. There has been heightened public scrutiny on the exposure to young users of promotional content via social media platforms, which the ASA and the Committee of Advertising Practice (“CAP”) have been actively working to stabilise through regulatory changes. Significantly, the ASA and CAP introduced revisions targeting the appeal and presentation of gambling advertisements, prohibiting the use of athletes, celebrities, and social media influencers in promotional content. They have also imposed minimum age restrictions, to prevent age-inappropriate content from reaching audiences under the age of 21.

Next Steps

The guidance took effect on 1 September 2025, and the new rules are in force.

Operators licensed by the Gambling Commission of Great Britain were notified that CAP will assess the impact of its expanded remit with a three-month consultation period. The three-month time frame is considered appropriate given the limited scope of the changes, which mainly target unpaid social media content. Once the consultation period has drawn to a close, a review of the changes is expected in December 2025.

By unequivocally eliminating pre-existing carve-outs, the ASA intends to deliver a coherent regime with consistency to marketing communications of all Great Britain licensed operators. Offshore operators launching non-paid-for marketing communications should ensure that their UK targeted advertisements fully comply with the CAP Code.

Co-Authored by Helena Thornby, Trainee Solicitor at CMS