CELEBRITY ENDORSEMENTS
the U.K. Advertising Codes prohibit anyone under the age of 25 from playing a significant role in a gambling advertisement. In terms of potential enforcement from the ASA, if broadcasters fail to follow the BCAP Code, and do not comply with any ASA rulings requiring revisions or takedowns of the advertisement, the ASA can refer the issue to the United Kingdom’s Office of Communications, 20 which can impose fines on broadcasters in amounts it determines to be appropriate and proportionate in the circumstances. 21 For non-broadcaster online advertisements, the ASA will add their details to a publicly available forum to indicate their non-compliance with the U.K. Advertising Codes. Furthermore, the Commission can also impose fines for non-compliance with the Act in amounts proportionate to the breach. 22 Shortly after the amendments in October 2022, Entain brand Ladbrokes became the first Operator to violate the ASA’s prohibition on using Celebrities in gambling advertisements. 23 The advertisement was a social media video post that featured three Premier League footballers. The ASA ordered that the Operator remove the Ad and prevent it from being disseminated any further. 24 Conversely, a few months later, the ASA determined that a television advertisement for Operator Paddy Power, which featured retired footballer Peter Crouch, did not violate the U.K. Advertising Codes because Crouch’s media activities, endorsements, former and current projects, and social media demographics had low appeal to Under 18’s. 25 In a more recent case, a radio ad for BetUK featured a retired minor-league footballer, Abedayo Akinfenwa. BetUK was of the view that since Akinfenwa was 41 years old, never played football at the highest level (the Premier League), and retired
more than a year before the ad in question, he was unlikely to be popular with Under 18s. However, despite BetUK’s arguments, the ASA still determined Akinfenwa to have a strong appeal to Under 18s because of the popularity of his status gained from the FIFA series of video games. Akinfenwa was famous for his exceptional physical strength in real life as well as in the video game, leading some football fans to view him as a “cult hero” in the game. BetUK was ordered to remove the ad and prevent it from appearing again in its current form. 26 Despite these cases, the Commission has not imposed any fines in the United Kingdom for violating the laws and rules related to Celebrities in gambling advertising. 27 Netherlands In October 2021, the Netherlands launched their regulated online gambling market, which is regulated by the Netherlands Gambling Authority (the “Kansspelautoriteit” or “KSA”). 28 In June 2022, the Dutch government made amendments to the country’s advertising laws to prohibit Celebrities from appearing in gambling advertisements. 29 Celebrities (or “role models” in the Netherlands) are defined as “all people who enjoy some form of fame (actor, directors, signers, or other visible role models within television, film, theatre, music, or entertainment industries), former or professional athletes, influencers, models”. 30 There have been a number of infractions by Operators in the Netherlands for breaching the rules of using Celebrities in gambling advertisements. In October 2022, the KSA issued a statement that two Operators had been warned they were violating the celebrity gambling ban
20 Advertising Standards Authority, Sanctions, accessed February 17, 2025. 21 Office of Communications, Penalty Guidelines: Section 392 Communications Act 2003 at Section 1.11, September 14, 2017 22 United Kingdom Gambling Commission, Statement of Principles for Determining Financial Penalties, last updated December 8, 2023 at Section 2.5. 23 Daniel O’Boyle, Ladbrokes first to fall foul of ban on Premier League players in gambling ads, iGamingbusiness.com, December 21, 2022.
24 Advertising Standards Authority, ASA Ruling on LC International Ltd t/a Ladbrokes: Rulings, December 21, 2022. 25 Advertising Standards Authority, ASA Ruling on PPB Counterparty Services Ltd t/a Paddy Power, February 8, 2023. 26 Advertising Standards Authority, ASA Ruling on LeoVegas Gaming plc t/a BetUK, March 13, 2024.
27 Gambling Commission, Enforcement, accessed February 17, 2025. 28 Kansspelautoriteit, Remote Gambling Act in force, April 1, 2021.
29 Kansspelautoriteit, Ban on the use of role models in gambling advertisements, June 30, 2022. 30 Regulation on recruitment, advertising, and prevention of addicting to gambling at Article 4(3).
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IMGL MAGAZINE | MARCH 2025
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