Marketing: Can we advertise?

Gambling advertising in GB is subject to a multi-layered regulatory framework. The primary advertising codes are the CAP Code (non-broadcast) and BCAP Code (broadcast), enforced by the Advertising Standards Authority. The Gambling Commission also imposes marketing requirements through LCCP, and the industry operates under the IGRG (Industry Group for Responsible Gambling) Code. Key restrictions under CAP 16.3 include: - All advertising must be socially responsible and not target minors or vulnerable persons - Mandatory responsible gambling messaging and age verification statements - Prohibition on celebrities or sports personalities with particular appeal to under-18s - Restrictions on advertising during certain broadcast watersheds. Any lottery or bingo carve-out arises from specific BCAP scheduling rules and is not stated here pending identification of the rule relied on. - Prohibition on advertising that suggests gambling can be a solution to financial problems or that emphasises the social status associated with gambling -Customers should be given the option to opt-in to bonuses and promotional offers separately from other marketing, and to set controls regarding which products they receive offers on. Specifically, there should be no ‘cross-selling’ without user opt-in. - Free bet and bonus advertising must include material terms - Affiliate marketing must comply with same standards as operator advertising — operators responsible for affiliate conduct voluntary action taken by the English Premier League to ban shirt sponsorships by end of 2026/27 season An overview guidance provided by the GC can be found here which maps all the LCCP regulations, IGRG codes, ASA and Competition and Markets Authority (CMA) guidance: https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/advertising-marketing-rules-and-regulations Operators need to ensure their digital adverts (including those of their third-party marketing affiliates) are not placed on websites providing unauthorised access to copyrighted content, see: https://www.gamblingcommission.gov.uk/news/article/infringing-website-list-iwl-for-gambling-operators Under the industry's voluntary IGRG code, signatory operators do not advertise during live sport from five minutes before to five minutes after an event, before 9pm, with a limited exception for horse and greyhound racing. This is an industry commitment, not a licence condition or statutory prohibition, and it binds signatories rather than all licensees. Social media advertising faces particular scrutiny — age-gating requirements, prohibition on influencer marketing that appeals to under-18s, and requirements for clear identification of paid promotional content. In October 2023, the ASA published guidance on links between footballer social media posts and gambling advertising, in light of recent enforcement cases and the strong appeal of such marketing to minors, see: https://www.asa.org.uk/news/stay-strong-on-strong-appeal-learnings-from-the-new-rule-one-year-on.html Recent enforcement has focused on misleading bonus terms, inadequate responsible gambling messaging, and targeting of vulnerable consumers. The ASA regularly upholds complaints and can require advertising withdrawal, though the Commission can take direct licensing action for serious marketing failures. The GC have also issued updated guidance on fair terms and practices following findings of licensees using terms that per potentially under fair and in some cases give the licensees undue discretion to decide if and how they are applied. As a result, licensees should review their terms and conditions to make sure they are compliant. The guidance can be found here: https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/fair-and-transparent-terms-and-practices Useful CMA guidance for the remote gambling industry in relation to use of unclear, unfair, and restrictive terms and conditions used in adverts can be found here: https://assets.publishing.service.gov.uk/media/5b87cd2a40f0b63c9ca2b51d/Further_information_for_online_gambling_companies.pdf Operators must provide customers with options to opt-in to direct marketing on a per product and per channel basis. The options must cover all products and channels provided by them and be set to opt-out by default. These options must be offered as part of the registration process and be updateable should customers change their preference. This requirement applies to all new and existing customers. Channel options must include phone call, email and text messages (SMS) as applicable. Product options must include betting, casino, bingo, as applicable. Operators must make clear to customers which products they offer are covered under relevant categories. For more detail see here: https://www.gamblingcommission.gov.uk/consultation-response/summer-2023-consultation-proposed-changes-to-lccp-and-rts-consultation/summary-of-responses-and-our-position-improving-customer-choice-on-direct Operators will also be limited on the number of times bonus funds must be re-staked before the consumer can withdraw winnings from the bonus. These changes come into force on 19 January 2026. See: https://www.gamblingcommission.gov.uk/news/article/gambling-promotions-to-be-safer-and-simpler Enforcement There are frequent rulings by the ASA against gambling adverts, which if upheld lead to those adverts having to be taken down. See: https://www.asa.org.uk/search.html?q=gambling&sort_order=recent&topic=7509B48E-504B-4E08-9C053A2BF9DA5021 ▸ New — AI generated From 1 May 2025, new direct-marketing requirements (SRCP 5.1.12) require per-product, per-channel opt-in consent. VIP / high-value-customer schemes attract high scrutiny. Premier League clubs agreed collectively to withdraw front-of-shirt gambling sponsorship from the end of the 2025/26 season; this is a collective club agreement, not a regulatory prohibition.