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Background
This Ruling forms part of a wider piece of work banning gambling ads which,
under strengthened rules, are prohibited from 💱 being likely to be of strong appeal to
under-18s. The ad was identified for investigation following intelligence gathered by
our 💱 Active Ad Monitoring system, which uses AI to proactively search for online ads
that might break the rules.
Ad description
A tweet 💱 published by Sky Sports Premier
League’s Twitter account, promoted by bet365, seen in February 2024, featured the text
“Granit Xhaka 💱 pulled out this stunning finish last season in Arsenal vs Man United”.
The tweet contained an embedded video which opened 💱 with a footballer kicking a ball
from the corner. As he did so, a green digital circle appeared around him. 💱 As the ball
travelled, a green triangle appeared where the ball had been kicked and then the bet365
logo appeared.
The 💱 video then cut to footage from a football match between Arsenal and
Manchester United and showed Granit Xhaka scoring a 💱 goal as the crowd cheered. The
score of the match then appeared overlayed onto the video.
Issue
The ASA challenged
whether the 💱 ad included an individual who was likely to be of strong appeal to
under-18s, and therefore breached the Code.
Response
Hillside (UK 💱 Sports) ENC t/a
bet365 said the tweet was published using the Twitter Amplify feature as part of
bet365’s official sponsorship 💱 integration with Sky Sports Premier League. They said
Amplify was a feature on Twitter that placed advertisers’ adverts before the 💱 main video
content of the tweet. They said the main video content and the main text of the tweet
was 💱 produced by the publisher, which in this case was Sky Sports Premier League.
Bet365
said it was designed to replicate the 💱 broadcasting of ads ahead of sport content on
television and that for this ad, they had acquired the rights for 💱 their ads to appear
on a pre-roll video ahead of the Sky Sports Premier League content in the tweet. Due 💱 to
that, the content in the body of the tweet and the main video was produced by Sky
Sports and 💱 therefore the tweet and video content from Sky Sports was separate to the
bet365 part of the tweet.
Bet365 said controls 💱 existed to ensure that their Amplify
content would only be promoted to users over 25 years of age and above. 💱 They also said
they ensured that no individuals with strong appeal to young persons were included in
the pre-roll advertising 💱 that they produced, prior to being shown to the Sky Sports
content. Bet365 said 0.2% of Sky Sports Premier League’s 💱 Twitter account was registered
to those under the age of 18. They further said the bet365 part of the video 💱 ran for
five seconds, in comparison to the Sky Sports Premier League part of the video which
ran for 21 💱 seconds.
Bet365 said the ad was targeted to be delivered to those over 25
years of age, and believed the ad 💱 was not served to anyone under 25.
Whilst they did
not believe that the Premier League highlight clip was incorporated into 💱 their
advertising, they provided details of Granit Xhaka’s audience demographics on Instagram
and TikTok at the request of the ASA. 💱 They said he did not have a public profile on
Twitter. On Instagram, 0.4% were registered as under 18. On 💱 TikTok, 32.3% were
registered as under 18. They said his total audience demographic for both platforms
showed that 3.38% were 💱 registered as under 18. Bet365 said Granit Xhaka did not have a
verified profile on Twitter and that bet365 did 💱 not have a TikTok profile or presence
and they did not carry out any marketing on that platform.
Sky Sports said 💱 they were
not aware of having received complaints in relation to the tweet, but that they had no
further comments 💱 to make.
Twitter said the promoted tweet in question was part of an
Amplify Sponsorship campaign using the website card format. 💱 They said it was not in
breach of Twitter’s Ad Policies and they were not aware of having received complaints
💱 about it. They said in the event the complaint was upheld, the ad would be
removed.
Assessment
Upheld
The ASA noted the tweet 💱 had been published by Sky Sports
Premier League’s Twitter account using the 'video website card' format of the Amplify
feature 💱 on Twitter and that this was part of bet365’s official sponsorship deal with
Sky Sports Premier League. However, it had 💱 subsequently been promoted by bet365 into
users’ Twitter feeds. Because bet365 had promoted the tweet, we considered that they
had 💱 incorporated all of the tweet’s contents into their advertising, and the whole
tweet was therefore an ad for bet365.
The CAP 💱 Code stated that marketing communications
for gambling products must not be likely to be of strong appeal to children or 💱 young
persons, especially by reflecting or being associated with youth culture. They must not
include a person or character whose 💱 example was likely to be followed by those aged
under 18 years or who had strong appeal to those aged 💱 under 18.
We noted the CAP
Guidance “Gambling and lotteries: Protecting under-18s” stated that football was an
activity in which a 💱 very significant proportion of under-18s participated directly on a
frequent basis and had a general interest in through following professional 💱 teams and
players across a variety of media. There was also a highly developed infrastructure
around organised participation and the 💱 sport had an exceptionally high media profile
including popular, dedicated media for under-18s. Those who played at an elite level
💱 were likely to appeal strongly to children and young persons.
The guidance also stated
that UK footballers who played for top 💱 clubs were considered high-risk in terms of how
likely they were to be of strong appeal to under-18s.
The ad included 💱 Granit Xhaka who
was a player at Arsenal Football Club at the time the ad was seen and would be 💱 well
known to the fans of that club, and also to those who followed Premier League football
more generally, including 💱 children. We also considered that he would be well known for
being captain of the Swiss national team. We therefore 💱 considered he was likely to be
of strong appeal to under-18s.
We considered that it would have been acceptable for the
💱 ad to appear in a medium where under-18s, for all intents and purposes, could be
entirely excluded from the audience. 💱 That would apply in circumstances where those who
saw the ad had been robustly age-verified as being 18 or older, 💱 such as through
marketing lists that had been validated by payment data or credit checking. Because
Twitter was a media 💱 environment where users self-identified on customer sign-up, and
did not use robust age-verification, we considered that bet365 had not excluded
💱 under-18s from the audience with the highest level of accuracy required for ads the
content of which was likely to 💱 appeal to under-18s.
For those reasons, we concluded
that the ad was irresponsible and breached the Code.
The ad breached CAP Code 💱 (Edition
12) rules 16.1, 16.3 and 16.3.12 (Gambling).
Action
The ad must not appear again in its
current form. We told Hillside 💱 (UK Sports) ENC t/a bet365 not to include in their ads a
person or character who had strong appeal to 💱 those under 18 years of age.
CAP Code
(Edition 12)
16.1 16.3 16.3.12
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