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Advertising And Football’s 'Strong Appeal' To Children Rules - New ASA Case Provides Further Guidance

Man betting on phone
Friday, 19 May 2023 By David Zeffman, Jessica Wilkinson, Laura Bilinski

On 19 April 2023, the Advertising Standards Authority (“ASA”) issued a ruling against BetVictor for featuring two professional footballers which was deemed to have a strong appeal to under-18s in a paid-for Facebook ad[1].

This is the latest ruling in respect of the new gambling advertising rules which came into force in October 2022, which strengthened obligations on gambling operators to ensure the content of their ads is not appealing to under 18s. This helps provide more clarity on which football players the ASA considers to fall within scope of the rules.

This article discusses the advert, the arguments made by both parties and the eventual ruling by the ASA along with some key takeaways from this ruling.

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Written by

David Zeffman

David Zeffman

David is a partner and the head of gambling and sport at CMS. He has been one of the leading lawyers in the UK media sector for over 30 years and has extensive experience providing strategic, commercial and regulatory advice to clients in the gambling, sport and television sectors. He has been involved in many of the major transactions that have taken place in these sectors, including the launch of several television channels and the sale of media rights to some of the world's biggest sporting competitions.

Jessica Wilkinson

Jessica Wilkinson

Jessica is an associate in the Technology & Media department at CMS.

She has previously worked with clients in the online retail, gambling and film sectors. She has experience drafting a range of commercial agreements, consumer facing terms and conditions and advising on advertising and gambling regulation. Jessica has previously been seconded to Amazon’s consumer legal team.

Laura Bilinski

Laura Bilinski

Laura is an associate in the Technology & Media Department at CMS and has particular experience advising clients in the gambling and online retail sectors.

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