Leisure (Gambling)

The complainant objected to the advertisement on the following grounds:

Issue 1:
The complainant considered that the advertisement was promoting a gambling service without including any clear or transparent branding, which made it unclear who the advertisement was for. They said that the advertisement had not explicitly stated the company name and that the voiceover had advised viewers to “remember the logo and find them online”. The complainant also noted that the advertisement appeared to have omitted clickable overlays or clear source information which made it difficult for users to identify or report the advertisement.

Issue 2:
The complainant considered that the style of the advertisement could appeal to children which they considered was irresponsible and potentially harmful.

Issue 3:
The Executive noted that no responsibility message was featured on the screenshot of the advertisement.

The Complaints Council considered the detail of the complaint and expressed concern at the advertisers’ failure to respond to the complaint. They reminded them that there is an onus on advertisers to ensure that their advertising is in conformity with the Code.

Issue 1 Upheld

The Council noted that the advertisement had featured on-screen text that was blurred which rendered it difficult to read. The Council also noted the requirement of the Code that the identity of an advertiser, product or service should be apparent (S 3.34). The Council also noted from the complaint that the advertisement voiceover had advised viewers to ‘remember the logo and find us online’. The Council considered that the inclusion of the branding in a format that was not sufficiently legible and apparent, meant that it was not clear who the advertiser was. In the circumstances, and in the absence of a response to the complaint, the Council considered the advertisement in breach of Sections 3.10 and 3.34 of the Code.

Issue 2 Upheld

The Council noted the advertisement had portrayed an animated village, used bright colours and had featured images of confectionery items together with an animated man.

The Council noted the requirements of the Code that marketing communications should be prepared with a sense of responsibility to consumers and to society (S. 3.3), and that they should not harm or exploit the susceptibilities, aspirations, credulity, inexperience or lack of knowledge of children (S 10.16), and that they should not be likely to be of particular appeal to children, especially by reflecting or being associated with youth culture, make direct use of signs, symbols, drawings, fictitious characters or real people of primary or particular appeal to children, or directed at those aged below 18 years through the selection of media or context in which they appear, or be placed in or through media, or parts of media, that are specifically intended for children (inserts, supplements, special (radio and TV) programmes, cinema films, etc.) (S 10.17).

The Council considered that the advertisement, by using cartoon imagery that included images and colours that are usually associated with children such as confectionery items and the village scene, was directed at children through its content. In the circumstances, and in the absence of a response, the Council considered the advertisement was in breach of Sections 3.3, 3.10, 10.16 and 10.17 (a), (b) and (g) of the Code.

Issue 3 Upheld

The Council noted that only a screenshot of the advertisement was available for assessment and that the screenshot had not included a responsibility message. The Council noted the Code requirement that advertisements for gambling products and services include a responsibility message together with a direction to a source of information on gambling and gambling responsibly (S. 10.10). In the absence of evidence that the advertisement had included a responsibility message and in the absence of a response from the advertiser, the Council considered that the advertisement was in breach of Sections 3.10 and 10.10 of the Code.

Action Required:
The advertisement should not reappear in its current form.

Complaints Decisions

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