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Compliance Updates

ASA: new standards protecting children from irresponsible gambling ads

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ASA Sanctions 32Red for Breach of Advertising Rules
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The Advertising Standards Authority has published new standards to protect children and young people from irresponsible gambling ads.

This follows a review of the evidence on advertising’s impact on under-18s and rulings by the Advertising Standards Authority. The last review was carried out in 2014.

The evidence suggests that exposure to gambling ads that comply with the UK’s Advertising Codes is, of itself, unlikely to harm under-18s.  Targeted restrictions are still required, however, to address the potential risks associated with irresponsible advertising. While the advertising rules don’t need to change, we have introduced new standards to strengthen how they apply in practice.

 

 

The new standards:

  • prohibit online ads for gambling products being targeted at groups of individuals who are likely to be under 18 based on data about their online interests and browsing behaviour;
  • extensively list unacceptable types of content, including certain types of animated characters, licensed characters from movies or TV and sportspeople and celebrities that are likely to be of particular appeal to children, and references to youth culture; and
  • prohibit the use in gambling ads of sportspersons, celebrities or other characters who are or appear to be under 25; and
  • adds to existing guidance on the responsible targeting of ads, covering all media (including social networks and other online platforms)

In particular, the standards provide examples of scenarios to help advertisers understand what they need to do to target ads away from under-18s. For example:

Social media – gambling operators must use all the tools available to them on a social network platform to prevent targeting their ads at under-18s. This includes both ad targeting facilities provided directly by the platform based, on their platform users’ interests and browsing behaviour, and tools that restrict under-18s’ access to marketers’ own social media content.

Parts of websites for under-18s – gambling operators should take particular care to avoid placing their ads on parts of websites of particular appeal to under-18s. For example, a football club’s website might have a strongly adult audience in general, but it would be inappropriate to place gambling ads in pages dedicated to younger supporters.

Social and online gaming – gambling-like games or games that feature elements of simulated gambling activity are often popular with children and young people. Such games should not be used to promote real-money gambling products. Where social and online games feature marketing communications for gambling games, they should not be directed at under-18s.

Influencers – gambling operators should take particular care when identifying influencers to promote their products or brands. They should take into account the influencer’s likely appeal and obtain audience data (for instance, the age-breakdown of a follower or subscriber-base) to ensure that under-18s are not likely to comprise more than 25% of the audience.

Affiliates – responsibility lies with gambling operators to ensure that affiliates or other third parties acting on their behalf to publish or disseminate ads that comply with the advertising rules.

The new standards will come into force on 1 April 2019.

Director of the Committees of Advertising Practice, Shahriar Coupal, said:

“Playing at the margins of regulatory compliance is a gamble at the best of times, but for gambling advertisers it’s particularly ill-advised, especially when the welfare of children is at stake. Our new standards respond to the latest evidence and lessons from ASA rulings, and require that greater care is taken in the placement and content of gambling ads to ensure they are not inadvertently targeted at under 18s.”

The new regulatory statement should be read in conjunction with:

 

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Australia

Crown Reinstated at Sydney Casino

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The NSW Independent Casino Commission has found Crown Sydney suitable to retain its casino licence after nearly three years of intensive remediation.

Chief Commissioner, Philip Crawford, said Crown has come a long way and must now demonstrate its long-term commitment to maintaining suitability.

“The NICC is confident the Crown we deemed suitable today has a strong model to keep operating into the future,” Mr Crawford said.

The NICC’s suitability assessment established that Crown Sydney has fundamentally reformed its business and is operating the casino within the objects of the Act, the requirements of the suitability deed, and in compliance with its regulatory obligations.

In addition to proving it can run the casino lawfully, Crown has remediated its business in other meaningful ways such as building a culture of transparency and accountability across its integrated resort.

“Hard work and transformation aside, the NICC has not forgotten the level of misconduct exposed in 2021 when Crown was found unsuitable,” said Mr Crawford.

“Crown Sydney has ongoing work to reach steady state and it must continue to lift standards and maintain its cultural transformation.

“There is and will always be room for improvement, but Crown is a changed business that is looking toward the future.

“Likewise, the NICC is a changed regulator with enhanced powers, a singular focus on casinos, and a mandate to address the risks of harm.

“This decision is a positive outcome for Crown Sydney, its staff, and the community – who can be sure the NICC will use all of its powers to keep the casino in check.”

In addition to the implementation of hundreds of new internal controls, the Bergin-based reforms have been reflected in a new licence and new regulatory agreement between Crown Sydney, the NSW Government and the NICC.

These agreements include updated settings, such as the removal of fetters to the NICC’s powers, as well as previous compensation trigger clauses that are no longer part of the casino legislation.

Mr Crawford said: “Crown cannot disregard the responsibility and privilege that comes with holding a casino licence. Crown Sydney’s ability to provide a destination hospitality and entertainment venue underpinned by the restricted gaming facility is contingent on its steadfast commitment to continuing suitability, accountability and compliance.”

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Australia

Venues Warned to Play by the Rules on ANZAC Day

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Liquor & Gaming NSW is urging licensed venues across the state to plan ahead and have proper measures in place to ensure safe and responsible ANZAC Day commemorations.

Pubs and clubs can face additional challenges on April 25 that come with managing larger than normal crowds and the playing of two-up.

Two-up was a popular game among World War I veterans and, while illegal as an unregulated form of gambling most of the year, is legally played every ANZAC Day, Remembrance Day and Victory in the Pacific Day in their memory.

Liquor & Gaming NSW Executive Director Regulatory Operations, Jane Lin, said inspectors would carry out checks of licensed premises in Sydney and regional areas on ANZAC Day to ensure compliance with the state’s liquor and gaming laws.

“Two-up is a great Australian tradition and a way for people to come together at pubs and clubs to enjoy the ANZAC spirit,” Lin said. “While venues do not need a permit to host two-up, they are encouraged to fully understand and observe the traditional rules of the coin-tossing game.

“Licensed venues are reminded to properly manage potential risks linked to larger crowds, increased rates of intoxication, gambling disputes, extended high volume trading and special ANZAC Day liquor promotions.”

Venues’ advertising and promotions must align with liquor promotion guidelines.

More information about ANZAC Day in New South Wales is available at https:/ /www.NSM.gov. au/about-nsw/anzac-day-nsw. Two-up rules can be found at https:/ /www.LiquorAndGaming.nsw. gov. au/__data/assets/pdf_file/0007/858562/fs3098-two-up-factsheet. pdf.

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Compliance Updates

Boldplay Awarded UKGC Licence

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Boldplay Awarded UKGC Licence
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Boldplay, the renowned provider of premium casino games, has been awarded a remote operating licence from the UK Gambling Commission, to sit alongside their existing licenses in Gibraltar, Malta, Romania, Argentina, and Peru.

This latest development marks a significant step for the company and further solidifies Boldplay’s position as a trusted provider within the iGaming industry. The UKGC licence will allow the company to further expand in regulated territories, a key element of their growth plan, and establish new partnerships within the vibrant UK market.

Having fulfilled the criteria to provide services to UK players Boldplay is well-positioned for success. With a diverse catalogue of over 100 titles, ranging from slots and table games to bingo, keno, and virtual scratch cards, the company is well-known for its innovative features, including their trademark Boldplay Spins.

Speaking of the UK Gambling Commission’s decision to grant the operating licence, Boldplay CEO, Valli Fragoso, said: “We are proud to receive our remote software supplier licence from the UK Gambling Commission. This milestone reflects our commitment to providing high-quality, engaging casino games to licensed operators while upholding responsible gaming standards. We can’t wait for UK players to try our games.”

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