Wagering advertising: determination summary
There are nine Sections of the AANA Wagering Code, a discussion of cases considered by the Ad Standards Community Panel under each Section is below.
Section 2.1 – must not be directed primarily to minors
There are no specific provisions restricting the placement and frequency of a wagering advertisement under the Wagering Code.
- An advertisement which is not attractive to children as a result of its theme, visuals and language will not breach this provision of the Wagering Code.
Section 2.2 – must not depict minors
Minors can be shown in incidental roles within a natural situation (e.g. as part of a family setting) as long as there is no implication that the minor will be engaged in wagering activities.
- Advertisements that feature children discussing wagering will breach this Section.
- Make a Wish – 0551/16
Section 2.3 – restrictions on persons aged 18-24
This clause is similar to Alcohol advertising restrictions and is intended to ensure that young looking people are not shown engaging in wagering activities. Young looking people can be incidental to the advertising, but cannot be depicted as actually engaging in wagering. There are no recent examples.
Section 2.4 – no consumption of alcohol
A wagering advertisement can be set in a location/venue where alcohol can be lawfully consumed, however advertisements cannot depict or portray the combination of alcohol consumption with placing a bet.
Section 2.5 – must not state or imply a promise of winning
The Community Panel has determined that the following do not promise or imply a promise of winning:
- Promotions such as a ‘matched bonus bet’ or ‘money back’ if your betting selection does not win.
- Using language such as being ‘up for the challenge’ is more suggestive of taking a chance.
- Advertising for wagering products or services which suggest that if you do your research into the sports/markets you are betting on you may increase your luck.
Section 2.6 – cannot suggest wagering will relieve financial or personal difficulties
Advertising should not present wagering as a way of relieving financial difficulties or as a viable alternative to employment. There are no recent examples.
Section 2.7 – cannot suggest sexual success or enhanced attractiveness
This section does not prohibit the inclusion of attractive people in wagering advertisements. However, the message must not link wagering with sexual success or enhanced attractiveness. There are no recent examples.
Section 2.8 – must not depict excessive participation
The Community Panel has determined that the following depictions breach this Section:
- A depiction that wagering has taken precedence/priority in a person’s life, and the wagering activity has also impacted upon other people.
- A depiction showing a whole weekend engaging in wagering activity to the apparent exclusion of any other activity. While there is no definition of ‘wagering activity’, The Panel found that spending time wagering and watching matches on a mobile app is considered to be engaging in a wagering activity.
- Tabcorp – 0447/16
The Community Panel has also dismissed complaints under this Section:
- Depictions of wagering where there is no evidence that it is taking precedence in a person’s life will not breach this Section.
Section 2.9 – peer pressure
The Community Panel’s view is:
- The depiction of showing an inexperienced participant how to use a wagering application rather than a manual bet ticket was not seen as portraying peer pressure to wager.
- Ubet – 0186/18
- Ubet – 0186/18