Two ASA Adjudications For BetWay 0
Posted on 9, June 2013
The Advertising Standards Agency (ASA) have received three complaints about the online casino and bookmakers, Betway, resulting in the publication of rulings against them on Wednesday 5th June. Two of the complaints were received about a headline banner that appeared on their website whilst the third was about their television marketing campaign.
The complaints about the headline banner on the Betway website challenged whether the ‘risk free bet’ was misleading because customers would not always get their money back. The ASA then investigated the claim under the following CAP Codes:
Marketing communications must not materially mislead or be likely to do so.
Marketing communications must not mislead the consumer by omitting material information. They must not mislead by hiding material information or presenting it in an unclear, unintelligible, ambiguous or untimely manner.
Material information is information that the consumer needs to make informed decisions in relation to a product. Whether the omission or presentation of material information is likely to mislead the consumer depends on the context, the medium and, if the medium of the marketing communication is constrained by time or space, the measures that the marketer takes to make that information available to the consumer by other means.
Marketing communications must state significant limitations and qualifications. Qualifications may clarify but must not contradict the claims that they qualify.
Qualifications must be presented clearly.
Read the full adjudication here.
Whilst Betway defended themselves the ASA upheld the complaint and found it breached CAP Codes 3.1, 3.3 and 3.9 as well as 8.18 shown below:
Marketing communications that include a promotion and are significantly limited by time or space must include as much information about significant conditions as practicable and must direct consumers clearly to an easily accessible alternative source where all the significant conditions of the promotion are prominently stated. Participants should be able to retain those conditions or easily access them throughout the promotion.
The add can no longer appear in its current format and Betway were told to ‘clearly and accurately qualify "risk-free bet" offers in the future.’
The second complaint about the TV advert shown below challenged whether the commercial was irresponsible because it prioritized gambling over everyday activities.
The full adjudication can be read here.
The ASA investigated the complaint under the following BCAP Codes:
Advertisements must be prepared with a sense of responsibility to the audience and to society.
portray, condone or encourage gambling behaviour that is socially irresponsible or could lead to financial, social or emotional harm
portray gambling as indispensable or as taking priority in life; for example, over family, friends or professional or educational commitments
This complaint was not upheld and no further action is required.