ASA upholds complaint against Betway for Facebook ad featuring Sir Lewis Hamilton: strong appeal and the limits of platform age gating

On 3 December 2025, the Advertising Standards Authority (ASA) upheld a complaint against Betway Ltd (Betway) in relation to a paid‑for Facebook video ad surrounding the British Grand Prix which included a depiction of Sir Lewis Hamilton. The ASA concluded that Sir Lewis Hamilton is of strong appeal to under‑18s, and that Facebook’s age‑gating could not entirely exclude under‑18s from the audience. The ad breached CAP Code rules 16.1, 16.3 and 16.3.12 and was ordered not to appear again in its current form.

This decision closely follows the ASA’s ruling against Eaton Gate Gaming Ltd t/a Kwiff over an F1‑themed post featuring Sir Lewis Hamilton, analysed in our earlier Law‑Now, and underlines the ASA’s consistent approach to “strong appeal” and platform controls that rely on self‑declared age. As in Kwiff, the core issue was whether the ad included a personality with strong appeal in a context accessible to under‑18s.

Background

The paid Facebook ad, seen on 4 July 2025, depicted three F1 drivers from behind, flanked by two Union Jack flags, with a headline “WHO’S THE BEST OF THE BRITS?”. The middle driver wore a red uniform with “HAMILTON” across the back; Betway’s logo appeared throughout. The caption referenced the British GP that weekend and asked whether Hamilton would maintain his home track dominance or whether the “new gen” would prevail.

Betway did not dispute that Sir Lewis Hamilton was likely to be of strong appeal to under‑18s. It argued that the ad’s presentation limited that appeal: Hamilton’s face was not shown; the shot was from behind; his presence was minimal and positioned within a broader Grand Prix context. Betway cited CAP guidance on protecting under‑18s to highlight that adult‑oriented sports are typically “moderate risk”, and provided social metrics on Hamilton’s following. Betway also relied on targeting controls set to over‑25s and engagement data skewing to 45+ to show limited youth appeal.

The Ruling

The ASA’s assessment focused on whether the ad breached the prohibition on featuring persons or characters of strong appeal to under‑18s, and whether any residual risk could be mitigated by the medium’s audience exclusion. From 1 October 2022, gambling marketing must not be likely to be of strong appeal to children or young persons and must not include persons whose example is likely to be followed by, or who have strong appeal to, under‑18s. While it may be acceptable to feature such individuals in settings where under‑18s are entirely excluded, Facebook’s model at the time relied on self‑verification of age, which could not robustly prevent access by children.

Citing Ofcom research, the ASA noted material under‑18 usage of Facebook, including 56% of 16–17s and widespread sign‑ups by 8–12s to social platforms notwithstanding minimum age policies, indicating a significant number of children could access content intended for adults. Accordingly, users who had not provided genuine dates of birth could view verified gambling content, so the platform could not be treated as excluding under‑18s for all intents and purposes.

Co-authored by Daniel Amery, Trainee Solicitor at CMS