In the hope that the threat of a fine may mean companies would act more responsibly, the Gambling Commission said it wanted the extra powers to help raise advertising standards across the gambling industry.
The prominence of gambling advertising is a high profile issue at present, with a focus particularly on the growing number of major football teams which have some form of sponsorship affiliation with the gambling industry. A related concern is the growing exposure young people now have to gambling advertising.
The Gambling Commission also wants to introduce a requirement which would prevent consumers from receiving ‘spam’ marketing by email or text.
At present, breaches of advertising standards by gambling companies can be met with a reprimand from the Advertising Standards Agency but this body cannot fine the companies involved.
The rise of online gambling has been fuelled by a hike in digital marketing spend by companies
The Gambling Commission, for its part, also has no way of seeking financial redress either through a fine or through a settlement in cases where companies have breached UK advertising codes.
The Commission can, and has, reached financial settlements with companies it regulates before but on issues not related to advertising breaches.
Last year, the online company 888 agreed on a settlement with the Gambling Commission after the regulator revealed one of 888’s subsidiaries had not implemented robust self-exclusion tools. These allow gamblers to stop themselves using a gambling company’s services for a specified amount of time.
Consumers, gambling businesses and industry experts are being asked to contribute to the consultation, which ends on April 22. Beyond issues about marketing and advertising, the consultation is also seeking to deal with issues of consumer protection and proposing the introduction of an eight-week limit to deal with gambling complaints and disputes.
Sarah Gardner, the Commission’s executive director, said: “We are proposing these changes because of the risk of consumer harm, concern about lack of compliance with consumer protection legislation, declining public trust in gambling and concerns about advertising.
“We’re very keen to hear the views of all those with an interest in the gambling industry.”