In a recent adjudication, the Advertising Standards Authority (“ASA”) has issued a timely reminder of the need to place sufficient prominence to significant terms of a promotion in marketing messages. The adjudication comes in the midst of operators being asked by the Gambling Commission to demonstrate compliance with their marketing obligations under the Licence Conditions and Codes of Practice (“LCCP”).
The ASA concluded that the advert in question, which appeared on a full page of the operator’s website, had not stated significant limitations and qualifications of the ‘free bet’ offer. The LCCP require operators to ensure that significant conditions are made clear in the adverts themselves or, if the advert is significantly limited in space (e.g. banner ads), that significant terms are prominently displayed no further than “one-click” away.
Importantly, the ASA determined that, as the advert appeared as a full page on the operator’s own website, the advert was not significantly limited by space, and determined that the material terms of the offer should have been stated in the advert itself, rather than being one-click away. The advert was therefore misleading and breached the CAP Code.
It comes as a reminder to operators of their compliance obligations in the marketing of promotions, an area which has maintained a high level of public interest and regulatory scrutiny.
You can read the ASA’s adjudication here.