The complex laws surrounding gambling advertising on commercial radio 

Broadcast media such as television, radio and newspapers have long been fundamental aspects of commercial advertising strategies in the UK.

With far-reaching abilities and the ability to attract significant numbers of people from every demographic, the thirty-second slots in between television shows or radio programmes are like gold dust for marketing teams up and down the country. They are in fact so sought after that primetime broadcast media adverts in the UK have been known to cost up to £250,000 for a single slot.

Following the Gambling Act of 2005, gambling operators have been able to take advantage, able to freely advertise on all forms of media. A recent article for the independent research service, House of Commons Library, found that gambling advertising ‘has steadily increased year on year from £264,657,325 in 2015 to £328,945,916 in 2018’ highlighting the increasing normality of gambling adverts. Recent years have also seen a surprising upturn in UK radio audiences, with the first quarter of 2024 seeing a record number of radio listeners with an impressive weekly audience of 49.9 million people.   

Considering this intriguing combination of an increased gambling presence on our radio airwaves and record levels of weekly listeners, let’s take a closer look at the complex laws that control gambling advertising on commercial radio. With a key role to play in ensuring responsible gambling activities are maintained, what does the future hold for UK gambling adverts? 

What is Commercial Radio? 

Firstly, it is important to distinguish between the two forms of radio available to British listeners, namely commercial and BBC radio. While BBC radio is ad-free, primarily funded by annual license fees, commercial radios rely on the revenue generated by selling ad space. Commercial radio has the edge when it comes to audience figures, with its current share of 54%, a new record, narrowly beating the BBC share which has seen a drop over the last two years. Following the emergence of the internet, digital radio has slowly but surely become the go-to source for listeners, with this online growth mainly attributed to commercial radio. It is clear that radio advertising is as important as ever.  

Who is Responsible for Regulating Gambling Advertising? 

The first layer of complexity regarding gambling advertising laws lies in the fact that several different agencies are involved in ensuring that regulations are effective and up to date. While of course the Gambling Commission is involved in any regulatory issues surrounding gambling, the organisation works with the Advertising Standards Authority (ASA), who aim to ensure advertisements are not harmful, offensive, or misleading and act on any complaints regarding unsuitable content. Similarly, communications regulator, Ofcom, has a duty set out in the 2005 Act to set, review and revise standards for gambling advertisements. Finally, the Information Commissioners Office (ICO), whose purpose is to uphold information rights for the protection of the British public further ensure the work carried out by these groups is in fact beneficial. Although complex, this collaboration between multiple bodies helps to ensure legislation is suitable and current, especially considering the constant evolution of the gambling landscape.  

Current Laws Controlling Radio Gambling Advertising 

Broadly speaking, the laws that control gambling advertising on broadcast media are set out in sections 328 and 329 of the Gambling Act 2005. The legislation states that Ofcom will ‘set, review and revise standards in respect of advertisements for gambling’ while consulting the Commission on any issues regarding the advertising of gambling activities. The Act gives the Secretary of State the power to make new regulations on gambling advertising practises, with the form, content, timing, and location of adverts under their supervision. Particular attention is paid to ensuring the suitable protection of children and other vulnerable people from harm or exploitation is maintained.  

Gambling companies must also follow the Broadcast Advertising BCAP Code set out by the ASA. This code of conduct sets out that radio broadcasters must ensure that gambling advertisements are centrally cleared before being aired while also setting out several rules.  

From the BCAP code, gambling advertisements must not:  

• exploit cultural beliefs or traditions about gambling or luck  

• condone or encourage criminal or anti-social behaviour  

• condone or feature gambling in a working environment 

• exploit the susceptibilities, aspirations, credulity, inexperience, or lack of The BCAP of under-18s or other vulnerable persons  

• be likely to be of particular appeal to under-18s, especially by reflecting or being associated with youth culture  

• feature anyone who is, or seems to be, under 25 years old gambling or playing a significant role. 

The main way in which these stipulations can be seen is through the so-called watershed in which gambling ads can only be broadcast on the radio after 9 pm to limit exposure to younger audiences. Furthermore, gambling companies must be registered by the UK Gambling Commission and hold an official licence in order to advertise to British consumers. More generally, ensuring a gambling platform has an official license to operate is vital when deciding which casino in the UK you should choose. These laws are designed to strike a balance between allowing licensed gambling companies to effectively advertise their services while also ensuring the British public is suitably protected from potential harm. Much of the complexity surrounding the laws lies in the subjective interpretation of the statements outlined in regulatory documents as well as the constant need to adapt to changes in the industry. 

Following the gambling white paper last year, which stated that ‘there was “good evidence” that advertising had a “disproportionate impact” on people who already had problems with their gambling’ and the arrival to power of a Labour Government who have committed to reforming gambling regulation in their manifesto, the UK could soon see some changes to current laws surrounding gambling advertising on radio. However, it is early days for Keir Starmer and his team, and with a whole host of issues to address across every facet of British life, it is unlikely that gambling advertisements are top of the agenda. Operators and players alike will be keeping a close eye on proceedings.