The Advertising Standards Authority (ASA) upheld a complaint against an ad that was uploaded on the Betway account on YouTube and seen on October 19th, 2019. According to the watchdog, the video, which involved the West Ham football player Declan Rice and was described as a YouTube prank, was still an ad promoting the licensed UK gambling operator.
As the complainant noted, the video started with an image including a parking fine image stating “DECLAN RICE CAR CLAMP PRANK”. Also, several of the individuals who participated in the video wore shirts of West Ham football club that featured the logo of Betway. In the end, the word “betway” was displayed on the screen, along with a call for responsible gambling.
The complainant challenged whether the CAP Code was breached by the ad because Declan Rice, a pro footballer under 25 years of age, took part in it.
The gambling operator confirmed that Declan Rice was only 20 but added that the betting brand did not consider the video prank uploaded on its official YouTube account to be an ad or feature any promotional content. This was the reason why Betway did not believe the video showed any marketing communication that could have been subject to the CAP Code rules. Furthermore, the gambling company reminded that the football player was not displayed in relation in any sporting context and it did not refer to a certain market, odds or promotions related to gambling services provided by the brand.
ASA Concludes the YouTube Video Is a Marketing Material That Breaches CAP Code Rules
At the time the ASA investigated the complaint and the reply of Betway, it noted that the YouTube video is not considered part of the remit of the CAP Code.
The advertising regulatory body of the UK noted that a professional football player, who customers would be able to place bets in the future, appeared in the video that was uploaded on the Betway YouTube channel. The brand name also appeared on the video, both on the participants’ shirts and at the end of the video followed by a call for responsible gambling. This was the reason why the Advertising Standards Authority considered that the video was aimed at promoting the Betway brand and gambling services.
In addition, part of the video featured the claim “HEED YOUR HUNCH” that was taken by the ASA as a clear indicator that the video was aimed at encouraging customers to consider placing a bet. In this sense, the video directly fell within the scope of the CAP Code.
Under the current CAP Code rules, no person under 25 years of age is allowed to be featured playing a significant role in an advert, except in very specific cases. However, the YouTube video uploaded on the Betway account featured footballer Declan Rice over the entire video, which makes his role in the video a significant one. Furthermore, the player is only 20 years old.
Because of all of the above-said, the UK advertising regulator concluded that the video was an ad that breached CAP Code rule 16.3.14 regarding gambling. The watchdog said that the advert must be removed and not to be displayed in its current form in the future.
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