Since the implementation of CAP’s “Gambling and lotteries guidance – protecting under-18s” (“Guidance”), in October 2022, there has been confusion within the industry around the use of emojis and animation in advertising. However, recent rulings have provided some clarity in this area, as two bingo operators’ Facebook ads were found not to be of strong appeal to under-18s under CAP Code 16.3.12 by the Advertising Standards Authority (“ASA”).

The Ads

The Buzz Bingo (Grimsby) (“Buzz”) Facebook page posted an animation of a cartoon figure of a woman in packaging, following the popular online trend of generating AI images of people as dolls / action figures. The box included ‘DEMI ACTION FIGURE’ and numerous bingo-related items (see below)

The Mecca Bingo (Luton) (“Mecca”) Facebook page posted the words ‘NAME THE TOM HANKS FILM’, followed by several lines of emojis for viewers to decipher ten movies featuring the famous actor. There were 32 emojis in total including a teddy bear, a football, a mermaid, a rocket and an aeroplane.

The rulings

Neither complaint was upheld, and the rulings provide some useful insights for operators and marketeers in relation to the ASA’s stance on strong appeal to those under 18 in gambling-related adverts and promotions.

Imagery

In the Buzz ruling, the ASA drew attention to the Guidance, in which it is said that advertiser-created characters that are colourful with exaggerated features or that have similarities with soft toys are more likely to be of strong appeal. The ASA also considered action figures or dolls as likely to appeal to some under-18s.

However, the figure lacked exaggerated features, wore a simple shirt and had muted colours. Similarly, the bingo-related imagery used had a “realistic and muted aesthetic” and bingo was not seen as an activity likely to appeal to most under-18s. Overall, the depiction was said to be “unlikely to be viewed by children as an appealing toy to play with.”

Emojis

The Guidance was highlighted again in relation to higher-risk child-oriented cartoon or animated characters including cuddly or cute animals, princesses or pirates with exaggerated features. While the ASA commented that some of the emojis used in the Mecca ad were of strong appeal to under-18s, which were the teddy bear, mermaid, rocket and football, they were not more prominent than the others (e.g., Italian flag, SOS sign, briefcase) and did not make up many of the 32 total emojis used. It was concluded that, “in the context of a puzzle game requiring people to name a broad spectrum of films, the range and use of emojis were unlikely to have strong appeal…”

Facebook

Highlighted in both responses to the respective complaints was that to engage with these adverts, viewers would likely have to be active followers of the relevant Facebook pages and, in any case, would have to be in a logged-in environment and self-verified as over 18.

However, it is important to remember that self-certified age gating on platforms such as Facebook will never be a successful defence to a strong appeal to under-18s complaint.

Recognisable individuals

These rulings also bolster the idea that the use of recognisable high-profile individuals associated with or appealing to youth culture are more high-risk in gambling promotional materials.

In the Buzz ad, the response alighted on the fact that the AI-generated doll / action figure was not of a well-known public figure but of the General Manager of Buzz Bingo. And, as for Mecca, it was flagged by the ASA that there was no imagery of Tom Hanks himself, simply text and emojis.

Key learnings

The two decisions by the ASA should give some comfort to operators and marketeers that there is scope to use emojis and animation in their marketing without always falling foul of the strong appeal to under-18s rules.

However, it is important to remember that these two decisions also make it very clear that any imagery that is cartoon-like, colourful, or contains child-appealing themes will most likely get caught. Therefore, extreme caution should still be used when creating gambling marketing content with emojis or animation.

Please reach out if you would like to discuss these rulings in more detail or have any upcoming marketing campaigns that may risk a strong appeal to under-18s complaint.

The CAP Code on Gambling can be found here, and “Gambling and lotteries guidance – protecting under-18s” here.