Advertising and Marketing Flashcards

1
Q

What sets the regime for advertising gambling?

A

GA 2005, Part 16

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2
Q

How is part 16 of the GA 2005 supported by the LCCP?

A

LCCP 5.1.6: requires operators to comply with the advertising codes issued by the:

Committee of Advertising Practice. CAP code 16

Broadcast Committee of Advertising Practice BCAP code 17.

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3
Q

What is CAP?

A

Advertising codes issued by the Committee of Advertising Practice for UK Non-broadcast Advertising, Direct & Promotional Marketing.

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4
Q

What is BCAP?

A

UK broadcast advertising codes issued by the Broadcast Committee of Advertising Practice for all broadcast advertisements.

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5
Q

What does CAP and BCAP require of advertisers?

A

The codes require advertisers to hold evidence to prove claims they make, before they are published or aired.

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6
Q

How does BCAP impact on LAC and LAO?

A

It does not. BCAP are broadcasting codes and neither entity currently have broadcast advertising.

BCAP applies to applies to all advertisements (including teleshopping, content on self-promotional television channels, television text and interactive tv ads) and programme sponsorship credits on radio and television

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7
Q

What is the LCCP 5.1.6?

A

Advertising gambling products must be undertaken in a socially responsible manner

comply with CAP/BCAP and

u25s appearing in adverts for non-remote point of sale advertising material CANNOT depict the activity of gambling

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8
Q

Who administers CAP?

A

The ASA (Advertising Standards Authority).

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9
Q

What penalties can be imposed for breaking GA 2005, part 16?

A

Max imprisonment 51 weeks; max unlimited fine or both.

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10
Q

Who is responsible for the marketing function at LAC and LAO?

A

Tigo Yeung (Yeung Lo) – COO

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11
Q

What information MUST be included in all gambling print and broadcasting advertising?

A

www.begambleaware.org
1. TV: begambleaware must remain on the screen for at least 10% of the advert’s length
2. Print: it must be clearly legible in proportion to the advertising script.
3. Digital adverts: it must be a minimum of 100 pixels across.
4. Every TV and print advert should clearly carry either a ‘18+’ symbol or a ‘no under 18s’ type message (excludes lotteries).

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12
Q

When does a person advertise gambling?

A

(a) When he does anything to encourage people to use facilities for gambling,

(b) with a view to increasing use of gambling facilities, he brings them or information about them to the attention of other people, or

(c) he participates in/facilitates an activity knowing it is designed to do either of the above.

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13
Q

Who is the advertising regulator for the UK?

A

The Advertising Standards Authority (ASA).

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14
Q

Who is OFCOM?

A

A co-regulatory partner of ASA and statutory regulator for broadcast ads. Advertisers failing to stick to an ASA ruling, could result in them being referred to Ofcom, who have the power to take legal action.

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15
Q

What is the watershed hour for advertising gambling on TV?

A

9pm - no advertising of gambling on live sporting events is permitted before that time .

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16
Q

What is the ‘whistle to whistle’ ban?

A

Before the 9pm watershed, gambling ads cannot be shown from five minutes before a live sporting event until five minutes after the event ends.

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17
Q

Who are the Gambling industry trade associations that have to comply with relevant industry codes on advertising?

A

Betting and Gaming Council (BGC)
British Amusement Catering Trades Association (BACTA)
The Bingo Association

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18
Q

Does LAC/LAO affiliate marketing have to follow CAP/BCAP codes?

A

Yes.

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19
Q

Why do LAC/LAO affiliates have to follow CAP/BCAP codes?

A

LCCP 1.1.2: Operator responsibility for 3rd parties
LCCP 5.1.6: Compliance with advertising codes
LCCP 5.1.8: Compliance with industry advertising codes

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20
Q

What does LCCP 5.1.10 mean for LAO?

A

No advertising or marketing information relating to gambling generally, appears on any SG primary web page/screen, or micro site.

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21
Q

What does LCCP 5.1.11 mean for LAC and LAO?

A

Consumers must not be contacted with direct electronic marketing without their informed and specific consent.

22
Q

Give an example of a ‘point of consumption legislation’ of GC gambling licence holders?

A

Gambling (Licensing and Advertising) Act 2014: all remote gambling operators selling into the British market must hold an appropriate GC licence to enable them to transact with British consumers.

23
Q

Can a gambling operator sponsor a non-sporting TV programme (e.g., Coronation St)?

A

Yes - s327 of GA 2005. Sponsorship is classified as advertising and the Gamble Aware website address should be included.

24
Q

What is the exception to this rule?

A

Sporting events do not include sports-themed entertainment programmes such as (but not exclusively) dancing and ice skating competitions and quizzes.

25
Q

Name a pre-clearance agency for advertising on (a) radio, (b) TV and (c) cinema.

A

Clearcast: for TV ads and advises on ads for Video on Demand.
Radiocentre: radio advertising
Cinema Advertising Association (CAA): for on-screen advertising in cinemas.

26
Q

What does LCCP 5.1.1.1 tell LAC and LAO about rewards and bonuses?

A

Incentive or reward schemes must be designed and operated, in such a way that:

(a) the circumstances and conditions of the benefit are clearly set out and readily accessible.

(b) neither the receipt nor the value or amount of the benefit is:

(i) dependent on the customer gambling for a pre-determined length of time or pre-determined frequency; 
	
(ii) altered or increased if the qualifying activity or spend is reached within a shorter time than than that in which the benefit is offered.

(c) if the value of the benefit increases with the amount the customer spends it does so at a rate no greater than that at which the amount spent increases; and

(d) if the benefit comprises free or subsidised travel or accommodation which facilitates the customer’s attendance at a licensed premises the terms on which it is offered are not directly related to the level of the customer’s prospective gambling.

AND We must take into account the GCs guidance on HV customer incentives.

27
Q

What does LCCP 5.1.1.2 tell LAC and LAO?

A

Incentives or reward schemes for designated ‘high value, ‘VIPs’ or equivalent, must be offered in a manner consistent with the licensing objectives.

AND We must take into account the GCs guidance on HV customer incentives.

28
Q

What does LCCP 5.1.6 direct LAC and LAO to do?

A
  1. Undertake marketing of gambling products in a socially responsible manner.
  2. Comply with CAP and BCAP.
  3. U25s in non-remote point of sale advertising material should depict the sporting or other activity not the activity of gambling.
29
Q

What are 3 keys points of LCCP 5.1.9?

A
  1. Licensees must ensure marketing communications, advertisement, and invitations to purchase do not amount to or involve misleading actions or misleading omissions within the meaning of the Consumer Protection from Unfair Trading Regulations 2008.
  2. Licensees must ensure all significant conditions which apply to marketing incentives are provided at the point of sale for any promotion, transparently and prominently to consumers.
  3. Terms and conditions of each marketing incentive must be made available for the full duration of the promotion.
30
Q

When should the terms and conditions of marketing incentive promotions be made available?

A

LCCP 5.1.9: For the full duration of the promotion.

31
Q

LCCP 5.1.8 obliges us to comply with relevant industry codes for SR advertising. Which industry code do we need to follow and who produces that code?

A

Gambling Industry Code for Socially Responsible Gambling produced by the Industry Group for Responsible Gambling (IGRG) - code custodian BGC.

32
Q

What is the key point of CAP code 16.1?

A

Marketing communications for gambling must be socially responsible, with particular regard to the need to protect children, young persons and other vulnerable persons from being harmed or exploited.

33
Q

What sanctions might the Ofcom impose on broadcasters for serious or repeated breaches reported to it by the ASA?

A

A formal warning to a request for broadcast correction or a statement of findings, a fine or the shortening, suspending or taking away of a licence to broadcast.

34
Q

What direct action might the ASA take if it feels that a complaint about an advertisement is justified?

A

ASA can require the broadcaster to withdraw the advertisement immediately (no further action), amend it or suspend it while investigations are carried out. It might then report its findings to Ofcom.

35
Q

We are required to ensure that marketing communications, advertisements, and
invitations to purchase, do not amount to or involve misleading actions or misleading omissions within the meaning of Regulations. Which regulations does LCCP 5.1.9 point to?

A

Consumer Protection from Unfair Trading Regulations 2008.

36
Q

Does “Gambling” for the purposes of the ASA Codes cover affiliate marketing?

A

Yes. Marketing by third parties (for example, affiliate marketers) acting on an advertiser’s behalf are included

37
Q

The Gambling Advertising and Protecting Young People Guidance from CAP and BCAP prohibits the use in gambling advertisements of sportspersons, celebrities etc that appear to be under what age?

A

CAP 16.3.14: Sports people who are or appear to be under 25.

BCAP 17.4.6: marketers should be cautious where they are likely to have a significant profile among under-18s.

38
Q

Give some examples of what CAP says that marketing communications must not do.

A

16.3.3: Suggest that gambling can provide an escape from personal, professional or educational problems such as loneliness or depression.

16.3.4: suggest that gambling can be a solution to financial concerns, an alternative to employment or a way to achieve financial security.

16.3.5: portray gambling as indispensable or as taking priority in life

16.3.9: portray gambling in a context of toughness or link it to resilience or recklessness.

16.3.10: suggest gambling is a rite of passage

16.3.11: suggest that solitary gambling is preferable to social gambling.

16.3.15: exploit cultural beliefs or traditions about gambling or luck.

39
Q

Why do we have to comply with the CAP and BCAP advertising codes?

A

LCCP 5.1.8: Licensees should follow any relevant industry code on advertising, notably the Gambling Industry Code for Socially Responsible Advertising.

40
Q

What is the purpose of the Industry Code for Socially Responsible Gambling by IGRG?

A

To supplement CAP and BCAP codes.
The purpose was to set minimum industry standards in areas that are not particularly covered by CAP/BCAP rules.

41
Q

It is a requirement of the 7th Edition of the Industry Code that Social Responsibility messaging should appear on all broadcast media and that operators (excluding lottery operators) should dedicate what percentage of the eligible advertising (broadcast and digital) to safer gambling messaging?

A

20%.

42
Q

LCCP 5.1.1 says that neither the receipt nor value or amount of the benefit of any incentive or reward scheme may depend on what?

A

The receipt nor the value or amount of the benefit may be dependent on the customer gambling for a pre-determined length of time or with a pre- determined frequency;

43
Q

What does LCCP 5.1.1 say about any benefit of an incentive or reward scheme being altered or increased?

A

Benefits may not be altered or increased if the qualifying activity or spend is reached within a shorter time than the whole period over which the benefit is offered.

44
Q

What does CAP 16.1 emphasise about who the code is designed to protect?

A

Marketing communications for gambling must be socially responsible, with particular regard to the need to protect children, young persons and other vulnerable persons from being harmed or exploited.

45
Q

IGRG are the developers of the Gambling Industry Code for Socially Responsible Advertising (the “Industry Code”), but who now controls that document?

A

BGC.

46
Q

What is the current version of the Gambling Industry Code for Socially Responsible Advertising?

A

7th edition, Sept 2023.

47
Q

What does the LCCP say about reward scheme benefits in terms of the type and level of a customer’s gambling?

A

If the benefit comprises free or subsidised travel or accommodation which facilitates the customer’s attendance at particular licensed premises the terms on which it is offered are not directly related to the level of the customer’s prospective gambling.

first class travel and accommodation should not depend upon the level of a customer’s prospective gambling – incentivising a higher level of play.

48
Q

In the High Value Customer Guidance, what minimum checks are expected of licensees before a customer is allowed to be put on a VIP program?

A
  1. Spend is sustainable.
  2. Must have passed safer gambling checks.
  3. There should be no negative information which would make their inclusion inapproriate.
  4. They must have passed an enhanced KYC check to be sure the operator has verified the customer’s identity, knows their occupation or profession and has established where income is generated from.
49
Q

With regard to responsible placement of digital adverts and copyrighted content, LCCP 16.1.1 of states that Licensees must do three things. What are they?

A
  1. Ensure that they do not place digital advertisements on websites providing unauthorised access to copyrighted content;
  2. Take all reasonable steps to ensure that third parties with whom they contract do not place digital advertisements on websites providing unauthorised access to copyrighted content; and
  3. Ensure that the terms upon which they contract with such third parties enable them to terminate the third party’s contract promptly if the third party has been responsible for placing digital advertisements for the licensed activities websites providing unauthorised access to copyrighted content.
50
Q

What direct action might the ASA take if it feels that a complaint about an advertisement is justified?

A

ASA can require the broadcaster to withdraw the advertisement immediately (no further action), amend it or suspend it while investigations are carried out. It might then report its findings to Ofcom.