Gambling on legality

21 June 2005

We’ve all seen those ads for online (or ‘remote’) casinos that offer big buck prize pools, free bets or incentives to play but do they comply with the CAP Code, and importantly, do they comply with the law?

Although they have to be responsible, the Betting and Gaming section of the CAP Code says nothing specific about ads for online casinos.  And so far, the ASA has received very few complaints about the way those facilities have been advertised.

The Gaming Board for Great Britain (GBGB) has recently told CAP that at least some ads for on-line gaming sites are likely to be illegal.  GBGB believes that, until the Gambling Act changes the status quo, it would be illegal for an ad to: offer free bonuses; match an initial stake; offer free entry to a poker competition; advertise the value of the pot or prize that might be won; indicate the way to enter a tournament or to specify how to register for a gaming website or competition.

In the absence of clear case law, CAP urges marketers and publishers not to accept ads for remote gaming sites that advertise on anything other than an availability-only platform (e.g. “visit us on genericgambling.com”).  The stakes are too high to hedge your bets on getting it right.  So, if you don’t want to gamble on accepting illegal ads, check with GBGB (David Dowsett on 020 7306 6228 or Tom Kavanagh on 020 7306 6253).