CAP and BCAP publish regulatory statement following call for evidence on gambling risk factors

This article was produced by Olswang LLP, which joined with CMS on 1 May 2017.

The Committee of Advertising Practice (CAP) and the Broadcast Committee of Advertising Practice (BCAP) have recently published a formal statement on the results of their call for evidence on the risk factors associated with gambling advertising.

This renewed call for evidence followed the 2014 review of gambling advertising and its potential for harm, particularly in relation to its impact on young people and problem gambling behavior. The most recent call for evidence asked respondents to “help inform the Committees’ objective to produce enhanced advertising guidance on Gambling Advertising Risk Factors by providing well-evidenced examples of potential links between advertising and gambling-related harm”.

A total of nine responses were submitted, including from the Senet Group (which comprises William Hill, Coral, Ladbrokes and Paddy Power) and the ICO. However, after an evaluation of these, CAP and BCAP considered that no new risk factors had been brought to their attention, and that those risk factors which were identified were already mitigated by the existing rules and guidance. As a result, there are no proposed amendments to the current regulatory framework. CAP also reports that, on average, 97% of adverts are compliant (although there is no specific figure given for gambling adverts).

Although this is likely to be welcome news for gambling operators, the statement also emphasises that this is an area in respect of which CAP and BCAP intend to maintain a “watching brief”, especially in light of any new research, and the Committees have urged stakeholders to continue to share emerging evidence as appropriate.