ASA upholds complaint against Eaton Gate Gaming Ltd (t/a Kwiff) for F1-themed post featuring Sir Lewis Hamilton with strong appeal to under-18s
Introduction
On 22 October 2025, the Advertising Standards Authority (“ASA”) upheld a complaint regarding a social media post (the “post”) published by Eaton Gate Gaming Ltd t/a Kwiff (“Kwiff”). The ASA found that the post, which included an image of Sir Lewis Hamilton, was marketing communication and likely to have “strong appeal” to under-18s and therefore breached the UK Code of Non-broadcast Advertising (“CAP Code”).
Background
On 17 May 2025, Kwiff posted on an official social media account: “A potentially huge weekend for Sir Lewis Hamilton ahead of the British Grand Prix at Silverstone [race car emoji] #F1” alongside an image of Sir Lewis Hamilton, 18+ and BeGambleAware.org logos, and a link to an article on Kwiff’s website about the Grand Prix.
One complaint was made against the post, challenging whether it breached CAP Code 16.3.12 as it included a person or character who was likely to be of strong appeal to under-18s.
Kwiff argued that the post was editorial commentary on a sporting event intended to drive traffic to its company blog, not a gambling inducement. They stated the post did not link to the gambling platform and the 18+ and BeGambleAware logos were included solely as a precautionary compliance measure in line with licensing requirements.
Kwiff stated none of its followers were under-18 and noted it had not tagged Sir Lewis’ account, limiting exposure beyond its audience. Whilst acknowledging 4% of Sir Lewis’ own followers on his primary social media page were under-18, Kwiff believed the post would not reach or appeal to that group.
Kwiff cited Nielsen Sports data and B/CAP Guidance to show motor racing generally attracts an older demographic and argued that Sir Lewis’ age and luxury brand associations reduced youth appeal. They dismissed the relevance of his cover on the “F1 24” video game, arguing the 3+ age rating did not reflect audience appeal.
Safeguards for under-18s were also presented on the social media platform, including a 13+ age minimum, multi-step age assurance and restrictions on promoting gambling content to known under-18s. With only 1% of UK users of the social media platform being under-18, Kwiff argued that posting on the platform was a proportionate step to minimise exposure to under-18s.
The Ruling
The ASA took a twofold approach in their assessment, considering:
- Whether the post was advertising and therefore was caught under the CAP Code; and
- Whether the post breached the CAP Code.
Was the post an advertisement?
In considering whether the post was an advertisement, the ASA reiterated that the CAP Code applies to “advertisements and other marketing communications by or from companies… trading on their own websites, or in other non-paid-for space online under their control, that [were] directly connected with the supply of goods or services”.
As the post appeared in a non-paid-for space online under Kwiff’s control, it was then considered whether the post was directly connected with the supply of betting services.
Considering the post was published the day before the Grand Prix, featured Sir Lewis (a participant), included the 18+ and BeGambleAware.org logos, and related to a race Kwiff offered bets on, including for Sir Lewis to win, the ASA held it to be “directly connected” with the supply of betting services and fell within scope of the CAP Code.
Did the post breach the CAP code?
The CAP Code prohibits gambling advertisements that are likely to be of strong appeal to children or young persons, particularly by featuring persons whose example is likely to be followed by those aged under 18.
The ASA considered it would have been acceptable for gambling advertisements to feature individuals “likely to be of strong appeal” to under-18s in a medium where viewing by under-18s could be entirely excluded. While the ASA accepted the social media platform’s safeguards at the time of the post and Kwiff’s follower demographics, it found by the social media platform’s reliance on self-verification of age when users sign up, meant that such measures were unlikely to effectively identify all accounts that had falsely claimed to be over 18.
Ofcom research cited by the ASA showed a notable number of under-18s were account holders of the social media platform, with some of this demographic having registered as 18+. Consequently, the ASA considered that there was likely a significant number of children in 2024 who were able to see and access content targeted at 18+.
The ASA concluded that Sir Lewis’ prominence in UK households, role model status, under-18 following, and media presence gave him strong appeal to under-18s.
The ASA concluded the post breached CAP Code rules 16.1, 16.3 and 16.3.12. Kwiff was instructed that the post must not appear again in its current form and was reminded not to feature persons or characters with strong appeal to under-18s in future gambling marketing.
Comment
This ruling reinforces the ASA’s firm stance on gambling content featuring “high-profile” individuals, particularly where there’s a risk of appeal to under-18s. The key issue is whether under-18s are effectively excluded from viewing it. Gambling operators cannot rely solely on their own follower demographics or platform controls to justify using high-risk figures. Instead, they must ensure that such content either avoids individuals with strong youth appeal or is targeted in a way that robustly excludes viewing by under-18s.
When assessing the attraction of public figures to under-18s, the ASA takes a broad view, considering not only social media following, but also wider cultural relevance, media representation, and merchandise. This reflects an approach focused on recognisability and resonance with younger audiences.
The ruling also confirms that even editorial or indirect content from gambling operators falls within the ASA’s remit. Where there’s a risk of under-18 appeal, the compliance threshold is high. Operators should continue to exercise caution when using celebrity imagery and ensure that targeting measures are demonstrably effective.
Co-Authored by Oyin Olukotun, Trainee Solicitor at CMS
