iGB Affiliate 70 Aug/Sept | Page 44

INSIGHT MARKETING: THE FOUNDATIONS OF A MORE RESPONSIBLE INDUSTRY? Paula Pusey looks at the growing scrutiny of gambling marketing and explains why it may be more of an opportunity than a threat IN AUGUST, THE UK’S Gambling Commission published updated rules on advertising, pledging to take “tougher action” against businesses that contravene the fair and open licensing objective. The stricter stance comes hot on the heels of Italy’s controversial ban on all gambling advertising and sponsorship. There is no let up from the media either: in June, the Daily Mirror ran a front-page story about a 13-year-old boy who ran up £80,000 of gambling debts after seeing promotions at a football match. For example, BBC Radio 4’s You and Yours programme analysed the commercial breaks of 11 matches broadcast on ITV and found that 62 of the 66 ad breaks during those games included at least one gambling advert. In addition, the Advertising Standards Agency (ASA) are said to be investigating some 115 complaints. The Commission’s consultation resulted in an unprecedented 81 responses from consumers, leading to changes to the licence conditions and codes of practice (LCCP), which will take effect from 31 October, 2018. “Operators will be nervous about the possibility of the Commission punishing them on the back of ASA decisions, which many view as subjective” If the power of advertising was ever in doubt, the World Cup would have restored any client’s faith: it resulted in booming business, with £2.5bn wagered in the UK alone during the tournament. Data from market research firm YouGov suggests that in the region of six million adults placed bets during the competition and two million new accounts were opened. Much of that increase in betting has been attributed to sponsorship and advertising. 40 iGB Affiliate Issue 70 AUG/SEP 2018 Working alongside the ASA and Committee of Advertising Practice (CAP), the Commission has pledged to ensure that promotions are fair, not misleading and not targeted at vulnerable people. It has also said that it will be placing emphasis on ensuring consumers don’t receive spam marketing by email or SMS, and that licensees are responsible for the actions of third parties, including marketing affiliates. “Protecting the interests of consumers is a priority for us and needs to be a priority for gambling operators,” says the Commission’s chief executive, Neil McArthur. “These changes will protect consumers from irresponsible advertising and misleading promotions, ensure that they can withdraw their money more easily and will mean that firms have to deal with complaints more swiftly.” Wiggin LLP partner and gaming law specialist Stephen Ketteley says, despite some criticism, that the Commission is encroaching on the roles of other UK regulatory bodies, a multi-agency approach to consumer protection is most likely to make the gambling industry up its game. “Operators will, however, be nervous about the possibility of the Commission punishing them on the back of decisions by the ASA, which many continue to view as subjective,” he adds. “That’s a potential source of friction and it will be interesting to see if the Commission reserves this card only for the more flagrant breaches of the advertising codes.” There is plenty of evidence that operators are taking this very seriously and viewing it as a huge opportunity for gambling businesses to bring in a