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Compliance Updates

UK’s CAP: New Content Restrictions on Gambling and Lotteries Ads

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New rules with tougher protections for under-18s came into force on October 1, further strengthening the Committee of Advertising Practice’s (CAP) commitment to safeguard young people and vulnerable audiences.

The Advertising Standards Authority (ASA) has revealed that it will now consider complaints about the content of gambling and lotteries ads to ensure that it is not likely to appeal strongly to children and young people.

Under the new rules, marketers are now required to ensure that their campaigns are in line with the regulator’s rules.

The previous rules required that ads must not be of “particular appeal” to children. The new “strong” appeal test prohibits content (imagery, themes and characters) that has a strong level of appeal to under-18s regardless of how it is viewed by adults. This will significantly impact gambling advertisers looking to promote their brands using prominent sports people and celebrities as well as individuals like social media influencers, who are of strong appeal to those under 18. In practice, this will significantly restrict the imagery and references that gambling ads will be allowed to use and should decrease the potential for gambling ads to attract the attention of under-18s in an audience. For example, ads will not be able to use:

  • Topflight footballers and footballers with a considerable following among under-18 on social media.
  • All sportspeople well-known to under-18s, including sportspeople with a considerable volume of under-18 followers on social media.
  • References to video game content and gameplay popular with under-18s.
  • Stars from reality shows popular with under-18s, such as Love Island.

CAP announced the outcome of its consultation on the proposals in April. The consultation responded to GambleAware research, which for the first time looked in detail at the impact of gambling ads in the UK. The findings of this report indicated that regulatory changes could help continue to protect under-18s from gambling-related advertising harms.

Alongside the new rules, CAP has developed a detailed piece of guidance to bear out the application of the new strong appeal standard, along with consolidating existing advice on the interpretation of the Codes’ other rules for under-18s.

Australia

AUSTRAC Launches SkyCity Adelaide Penalty Proceedings

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The Australian Transaction Reports and Analysis Centre is launching civil penalty proceedings against SkyCity Adelaide for alleged serious and systemic anti-money laundering and counter-terrorism financing failures.

AUSTRAC is looking into the operator after an enforcement investigation into SkyCity in June last year. The investigation was a result of an AUSTRAC industry-wide compliance campaign that began in September 2019.

The government agency alleges that SkyCity Adelaide failed to appropriately assess the money laundering and terrorism financing risks it faced, including the likelihood and impact of those risks, and to identify and respond to changes in risk over time.

SkyCity also allegedly did not include in its AML/CTF programmes appropriate risk-based systems and controls to mitigate the risks to which SkyCity was exposed.

AUSTRAC thirdly alleges, among more claims, that SkyCity did not conduct appropriate ongoing customer due diligence on a range of customers who presented higher money laundering risks.

AUSTRAC deputy CEO Peter Soros said: “The requirement for regulated entities to have appropriate AML/CTF controls and systems in place is not optional and should be taken seriously by all businesses regulated by AUSTRAC.

“AUSTRAC continues to work with SkyCity to ensure it complies with its obligations under the AML/CTF Act and to ensure it continues to meet its obligations in the future.”

Soros said the ruling – the third civil penalty proceeding AUSTRAC has brought against businesses operating in the casino sector – “should serve as a warning.”

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Compliance Updates

More CT Interactive Games and Jackpot with Certificate for Spain

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More CT Interactive’s games and the Hot Luck jackpot were certified for the territory of Spain.

“We are proud to announce that 10 more games of our content have been certificated for a region as important as the Spanish. This certificate proves the quality of our games that were created to meet the highest industry’s standards,” commented Milena Tsankarska, Business Development EMEA at CT Interactive.

The new list of games includes the hit titles Wizard Blizzard; Monkey Sevens; Pick the Pig; Three Nymphs; Big Joker; Dark Woods; Fluftails; Full of Luck; Hot 7’s X 2 and Lord of Luck.

“The certified content is distinguished by sharp visuals, enthralling sounds, and great bonuses. The 3-level interactive jackpot Hot Luck is an excellent tool for operators that allows players to randomly unlock mystery prices. It is created to increase the customer’s engagement and excitement during the game,” said Milena Tsankarska.

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Compliance Updates

Dutch Gaming Authority Takes Action Over Unauthorised World Cup Marketing Breaches

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The Dutch Gaming Authority (KSA) is extra alert to unauthorised activities by providers of games of chance. The rules are clear, but providers of gambling activities seem to push the boundaries here and there.

The Ksa has approached two online operators about advertising in a game in which people can create a World Cup pool. This is not allowed. This is to prevent people who are interested in games, mostly young people, from being tempted by advertisements to participate in games of chance. The gambling operators have stopped doing this.

In the past week, a number of providers of games of chance were once again held accountable for the prohibited use of role models in advertising or sponsorship. The name or logo of a gambling company cannot be in the same communication as the image, voice or name of a role model. This also applies to sponsoring an event or TV programme. These providers have been summoned to stop the violation and have complied.

In addition, the Ksa addressed a party (refers to another website) for advertising bets on a match while that match was in progress. That is not allowed to prevent impulsive behavior among viewers of those matches. The provider immediately stopped the violation. A local café where bets were organized on the matches of the Dutch national team also had to deal with the Ksa. This form of betting is an illegal game of chance, and that is not allowed. The café immediately stopped offering the bets.

In total, 14 warnings have been issued in recent weeks around the World Cup.

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