Peers for Gambling Reform call for content marketing to be labelled as ads
The Peers for Gambling Reform (PGR) group has accused the Advertising Standards Authority (ASA) of a “continuing failure” to regulate gambling marketing on social media, calling for all content marketing to be clearly labelled as advertising.
The group said users, particularly children and young people, are routinely exposed to posts that promote gambling without any clear indication they are ads.
In a letter sent to UK gambling minister Baroness Twycross and seen by NEXT.io, PGR highlighted that content marketing now accounts for around half of all organic social media advertising by gambling brands.
Research shows that in a single weekend, the 10 largest operators generated more than 20 million views of such posts, a scale that the group say makes urgent regulation essential.
Concerns first raised in 2019
Moreover the letter, signed by PGR chair Lord Foster (pictured) outlines a timeline of inaction despite repeated criticism.
Concerns were first raised with the authority in 2019, reinforced by academic studies, media investigations and parliamentary debates.
The University of Bristol alone has reported over 150 examples of content marketing to the ASA since 2021. Yet despite repeated investigations, PGR says no meaningful rulings or sanctions have been issued.
The letter noted that although the ASA had previously promised imminent rulings and circulated draft findings suggesting breaches, shortly afterwards complainants were informed that the rulings had to be ‘delayed’.
“More recently, the ASA confirmed investigations into bet365, Ladbrokes and Betfred content marketing ads in 2024, and even circulated draft rulings that suggested clear breaches.
“Yet only last week, in a letter you were also copied into, we were informed that these investigations had been terminated, again without any ruling being published,” the letter reads.
Inconsistent approach
The letter expressed particular concern over the ASA’s recent admission that, until September, most social media marketing posts from major gambling brands were deemed to be outside its remit due to the companies publishing them being registered abroad.
Although the CAP Code has now been amended, this came only after years of children and young people being exposed to unregulated gambling ads.
The letter stressed the regulator’s inconsistent approach to content marketing.
Initially deemed “entirely out of remit,” the ASA reversed its stance in 2022, declaring that “the vast majority” of gambling content marketing is within remit, Lord Foster wrote.
“Lately, the ASA has relied on the ‘directly connected’ test, under which only posts with a clear relation to the product or service are deemed advertising.
“But this logic completely undermines the concept of content marketing itself. If content marketing openly promotes betting or gambling, then it ceases to be content marketing and is simply conventional advertising.
“By applying this test, the ASA excludes precisely the type of marketing it had previously admitted constitutes the vast majority of cases, leaving around half of gambling marketing on social media outside their remit,” the letter added.
Call for a prominent advertising label
The group highlighted that experts “recommend that gambling content marketing should be banned, since it seems to be especially appealing to children, whilst not being clearly recognisable as advertising.
“At the very least, communication from gambling brands on social media should carry a prominent ‘Advertising’ label so that users can clearly distinguish it.”
PGR has called on the gambling minister to intervene directly, warning that without government leadership, children and young people will remain exposed to content marketing that research shows is particularly harmful.
Dated 11 September, the letter predates the ASA’s recent ruling against Midnite, which banned an AI-generated video featuring footballer Trent Alexander-Arnold after deeming its content to be of strong appeal to under-18s.
ASA and DCMS response
In response to the criticism, ASA referred to the CAP code amendment when contacted by NEXT.io:
“Protecting children from advertising-related harm sits at the heart of our work and we have strict rules in place to ensure that gambling ads are responsible and are not targeted at children, or likely to be of strong appeal to them,” an ASA spokesperson said.
“‘Content marketing’ raises questions around jurisdiction and the boundaries between advertising and editorial content.
“Because of uncertainty on whether and how the Advertising Code applies to social media posts by gambling operators who are based abroad, we’ve had to take time and care to ensure our regulation covers them effectively.
“The scope of the Advertising Code has now been clarified and extended, which will give us greater room to tackle potentially irresponsible gambling ads.”
Meanwhile, a spokesperson for the Department for Digital, Culture, Media and Sport (DCMS) stressed that the ASA operates independently of government and is responsible for regulating advertising in the UK. They declined to comment on ongoing investigations.
“We are pleased with the recent announcement that all non-paid-for marketing communications from licensed gambling operators which are aimed at UK consumers will now fall within the ASA’s remit allowing for greater consistency in rulings.
“We have received Lord Foster’s letter and will be responding directly in due course,” the spokesperson added.
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