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Advertising and Gambling

Last updated: 11 September 2024

You may have noticed gambling advertisements floating around whether it be on billboards or online. We have received questions from the public asking, "Is this ad allowed?" and the answer may be surprising. In this article, we will explore the laws regarding gambling advertising and the issues surrounding its promotion.


What are the current laws?

The regulations on gambling advertising stem from two primary sources: the Gambling Act of 2003 and the Gambling Advertising Code established by the Advertising Standards Authority (ASA). Interestingly, the Gambling Act of 2003 has limited provisions on gambling advertising. It prohibits the advertising of overseas gambling with exceptions for health messages, promotion of gambling harm services, and advertisements for gambling equipment intended exclusively for buyers of such equipment. Fortunately, the ASA's Gambling Advertising Code ensures that gambling advertising adheres to a "high standard of social responsibility." The Code prohibits the following in gambling advertising:

  • Targeting children (under 14) or young people (14 to 18).
  • Displaying content that condones or encourages gambling harm.
  • Misleading, deceiving, or confusing consumers, abusing their trust, or exploiting their lack of knowledge, including through implication or omission.

Given that the Gambling Act was enacted in 2003, it notably lacks references to online activities. In 2003, significant events included the last flight of the Concorde, the trend of Ugg boots, Beyoncé’s debut solo single “Crazy in Love,” and the launch of Apple’s iTunes. Jokes aside, the digital landscape has drastically changed since then especially with the prevalence of social media. A concerning trend we have observed is the use of social media influencers to promote gambling websites or services. One minute you could be casually flicking through short form content and the next, you might encounter an account offering discount codes to an online gambling platform. Currently, social media companies regulate themselves when it comes to gambling advertising on their platforms. For example, TikTok has specific rules for gambling advertising in New Zealand.

Taken from TikTok's website

So what can we do?

The most straightforward solution would be to amend the Gambling Act and update the regulations surrounding gambling advertising. However, this may take some time due to the current lack of political motivation for such changes. In the meantime, if you come across an advertisement on TV or a billboard that seems to violate the guidelines mentioned earlier, you can contact the ASA directly. If you see influencers or companies advertising gambling services on social media, we recommend blocking their accounts immediately.

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