The Advertising and Marketing Guidelines shall apply to the marketing, advertising, promotion or any other method designed to target, engage, solicit, incite or otherwise draw attention to gaming, gaming products or services, or gaming facilities offered or made available under a licence issued by the Betting Gaming and Lotteries Commission (BGLC).
These Standards are intended to ensure that the advertising, marketing and promotion of gaming by whatever means meets the requirements set out in the Consumer Protection Act, which protect minors and vulnerable individuals and promotes the principles of safe and responsible play at all times.
Unless they explicitly refer to gaming, these Standards do not apply to marketing communications for non-gambling leisure events or facilities, for example, hotels, cinemas, bowling alleys or ice rinks, that are in the same complex as, but separate from, gaming related products, events or facilities.
They apply to any type of communication, irrespective of form, format or media (broadcast and non-broadcast) that includes reference or referral to any form of gaming, gaming product or service, or gaming facility whether on-shore or off-shore and whether offered in physical, digital, remote or virtual form, including:
a) all forms of printed material and literature, including but not limited to; newspapers, magazines, brochures, leaflets, circulars, catalogues, mailings;
b) all forms of electronic and digital communications, including but not limited to; e-mails, texts, push notifications, banner and pop-up advertisements, premium rate services, preferential listings on comparison sites, promotions sites;
c) all forms of broadcast media, including but not limited to; radio, television, video, live streaming, in-game displays, sponsorship, viral marketing;
d) posters and other promotional or advertising and marketing media in public places such as billboards, hoardings, and any other messaging displayed in a public place, including both static or moving images and messages;
e) marketing databases containing consumers' personal information;
f) sales promotions in broadcast and non-broadcast media;
g) advertorials designed to promote or draw attention to gambling products, services or facilities;
h) any other form, format or media as may be decreed by the by the Betting Gaming and Lotteries Commission.
The Advertising and Marketing Standards are designed to ensure that advertising, marketing and promotions communications for gaming and gaming products, service or facilities is socially responsible and compliant with all applicable laws, decrees and regulations.
There is particular attention paid to the need to protect children (defined as any person under the age of 18), young persons (defined as any person under the age of 18) and any individual who may be vulnerable to being harmed or exploited by gaming.
The following criteria apply to the Advertising and Marketing Guidelines:
a) The Guidelines are primarily concerned with the content of advertisements, promotions and direct marketing and promotional communications and not with terms of business or products. Some rules, however, go beyond content; for example, those that cover the administration of sales promotions, the suitability of promotional items, the delivery of products ordered through an advertisement and the use of personal information in direct marketing.
b) Compliance with the Guidelines is assessed according to the marketing communication's probable impact when taken as a whole and in context, and dependent upon the medium in which the marketing communication appears, the audience and its likely response, the nature of the product and any other material distributed to consumers.
c) If it is not clear whether a communication falls within the remit of the Standards, the Betting Gaming and Lotteries Commission will consider whether the material complained about is positioned in a way that historically can be contextualised or associated with the promotion of gaming.
d) the Betting, Gaming and Lotteries Commission's interpretation of the Standards is final
Communications for family entertainment centres, sporting venues, or non-gaming leisure facilities that incidentally refer to separate gaming facilities, for example, as part of a list of facilities on a cruise ship or sports stadium, may include children or young persons provided they are accompanied by an adult and are socialising responsibly in areas that the Casino Law does not restrict by age.
Marketing communications for events or facilities that can be accessed only by entering gaming premises must make that condition clear.
It should be noted that in applying the Advertising and Marketing Standards, the Betting, Gaming and Lotteries Commission shall be mindful that the spirit of the standard, as well as the letter is adhered to, irrespective of whether or not a gaming product, service or facility is shown or referred to.
Communications for gaming must:
i. not use messaging, wording or imagery which could be deemed to be misleading or misrepresentative of any offer, bonus or promotion of a gaming product, service or facility;
ii. must clearly indicate that gaming is restricted to those who are 18 years of age or older;
iii. must carry a clear 'Play Responsibly' message;
iv. be socially responsible, with particular emphasis on the need to protect children, young persons and other vulnerable individuals from being harmed or exploited;
v. ensure any terms and conditions relating to bonus and prize offers and any other type of promotion are clearly displayed and accessible at all times and prior to take up of the offer or promotion;
vi. not portray, condone or encourage gaming behaviour that is socially irresponsible or could lead to financial, social or emotional harm
vii. not exploit the susceptibilities, aspirations, credulity, inexperience or lack of knowledge of children, young persons or other vulnerable persons
viii. not suggest that gaming can provide an escape from personal, professional or educational problems such as loneliness or depression
ix. not suggest that gaming can be a solution to financial concerns, an alternative to employment or a way to achieve financial security
x. not portray gaming as indispensable or as taking priority in life; for example, over family, friends or professional or educational commitments
xi. not suggest that gaming can enhance personal qualities, for example, that it can improve self-image or self-esteem, or is a way to gain control, superiority, recognition or admiration
xii. not suggest peer pressure to game nor disparage abstention
xiii. not link gaming to seduction, sexual success or enhanced attractiveness
xiv. not portray gaming in a context of toughness or link it to resilience or recklessness
xv. not suggest gaming is a rite of passage
xvi. not suggest that solitary gaming is preferable to gaming socially, nor suggest that gaming socially is a more acceptable or less risky alternative
xvii. not be likely to appeal to children or young persons, or be associated with youth culture
xviii. not include any person that is, or appears to be, under the age of 25 unless that image is intended to be placed in a location (physical or digital) to which any individual under the age of 18 will be denied access;
xix. not exploit cultural beliefs or traditions about gaming
xx. not condone or encourage criminal or anti-social behaviour
xxi. not violate or run contrary to any other law, decree or regulation