Published: by Elizabeth Varley, Solicitor
The Advertising Standards Authority (ASA) have upheld a claim made against an Instagram advert, warning Operators against publishing ads which portray, condone or encourage gambling behaviour that is socially irresponsible or could lead to financial, social or emotional harm.
The advert posted on Instagram by Stars Interactive Ltd t/a PokerStars featured influencers Rory Jennings and Adam McKola competing on slots machines in a casino. The advert showed McKola winning large sums of money and Jennings asking for tips on how to win.
Following publication of the advert, a complaint was made stating that the ad portrayed, condoned or encouraged gambling that was socially irresponsible or could lead to financial harm. The ASA upheld the claim and highlighted its rules at 16.1, 16.3 and 16.3.1.
PokerStars responded to the complaint, acknowledging failings under the CAP Code. PokerStars removed the advert from Instagram stating that this was published in error.
PokerStars confirmed that mandatory advertising compliance training was provided to all employees in UK ad campaigns and that they were committed to ensuring all forms of advertising followed relevant legislation, regulations and applicable codes of practice.
The ruling serves as a stark reminder to all Operators to ensure compliance with legislation and codes of practice in marketing practices.
More information on the ruling can be read here.
For guidance on socially responsible advertising please get in touch with one of our gambling solicitors.
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