On 16 September, CAP published the outcome of a consultation on a proposal to amend the Gambling section of the CAP Code.

The rule prohibiting the appearance of individuals who are or appear to be under the age of 25 from appearing in marketing communications for gambling products will be amended to create a narrow and targeted exemption for betting websites. This amendment was the result over the industry’s concern over the extension of CAP’s powers to cover online activities and its application to betting websites.

Prior to March 2011, when betting websites were regulated only by the Gambling Commission, marketers were allowed to use individuals under the age of 25 when they were the subject of a bet being offered. For instance, this may include a footballer to score first during a game provided that the advertisement showed the player in the context of the bet being offered and not in a manner that might promote the gambling operator or gambling more generally.

CAP took the decision to consult publically on the matter as it believed it important to ensure that any changes would not result in significant harm to children or an undermining of the protections offered by the Code.

Having concluded the consultation process, CAP is satisfied that a narrow exemption to restore the status quo prior to CAP’s online remit extension is justified.

The CAP’s Regulatory Statement can be found here and the evaluation of responses to the consultation can be found here.