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The Committee of Advertising Practice (CAP) and the Broadcast Committee of Advertising Practice (BCAP) have updated their guidance on protecting under-18s in relation to ads for gambling and lotteries.
Three years ago, CAP and BCAP replaced the previous test of "particular" appeal (content likely to appeal more to under-18s than adults) with a stricter test of "strong" appeal, where there is a reasonable case that creative content might unduly attract the attention of under-18s.
The change brought more content within the scope of the Codes' restrictions, particularly around sport, the use of personalities and material related to video games and online gaming.
CAP and BCAP have now made several updates to the guidance to reflect what has been learned in practice. In particular, this includes clarification on social media following. The guidance now includes the following text:
One rule of thumb is that at least a total of 100,000 social media follower accounts registered to people under-18, across social media platforms, is indicative of strong appeal. Marketers should consider this rule of thumb when considering whether a given personality is likely to be of strong appeal to under-18s. The ASA may deem a personality of strong appeal even if they have fewer than a total of 100,000 follower accounts registered to under-18s across platforms, or, in some cases, it may deem a personality not of strong appeal even if they have more than 100,000 under-18 registered follower accounts across platforms, depending on other factors relevant to their appeal to young people. Furthermore, marketers should exercise particular caution in the absence of UK-specific data.
The guidance also includes:
- A new Context section, explaining how appeal can vary depending on setting and execution, such as cartoon-style animations or video-game-like content.
- Further clarification on "adult-centric" and "non-adult-centric" sports, setting out how these distinctions apply. Examples of sports which are likely to be particularly interesting to children are football and e-sports. On the other hand, cricket and rugby are likely to be less problematic, although care still needs to be taken when it comes to the national teams or tournaments.
- Extra detail on the role of social media, reflecting the evolving marketing landscape. For example, a key rule of thumb is that at least a total of 100,000 social media follower accounts registered to people under 18, across social media platforms, is indicative of strong appeal.
The guidance also includes a checklist which provides a short overview of the steps that marketers should take to reduce the possibility of their gambling or lottery advertisement appealing 'strongly' to under-18s.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
