Gambling Advertising

Lord Parkinson of Whitley Bay Excerpts

Tuesday 1st March 2022 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Digital, Culture, Media and Sport (Lord Parkinson of Whitley Bay) (Con)]

My Lords, this has been another very good debate on a topic which I know continues to attract great interest from across your Lordships’ House, as indeed it should. I congratulate the noble Lord, Lord Foster of Bath, on securing it and on the way he opened it this evening.

Clearly, the review of the Gambling Act represents a pivotal moment for gambling regulation, and I am pleased to have the opportunity again this evening to address these issues, although I will not be able to anticipate every element of the review. I will start with the points about timing, as raised by the noble Baroness, Lady Bakewell of Hardington Mandeville, and the noble Lord, Lord Bassam of Brighton.

The gambling review and White Paper have not been delayed. Ministers are working swiftly with officials at DCMS and colleagues right across government on the White Paper. Our review is looking at a very wide range of issues and our call for evidence received 16,000 submissions, which we have been considering carefully, as I am sure noble Lords will want us to have done. This is the most thorough review of gambling law since the 2005 Act, and we must get it right. We will of course look to implement the outcomes of the review as swiftly as we can.

But we have not waited for the review before taking action to make gambling safer in the meantime where we can. In the last two years, as noble Lords will have heard me say before, we have banned gambling on credit cards, we have tightened restrictions on VIP schemes leading to a reported 70% reduction in the number of so-called “VIPs”, we have made online slots games safer by design, and we have raised the National Lottery minimum age to 18. So, we are taking action as well as carefully considering the review.

Gambling advertising is an important part of that review. The ways in which gambling is advertised and marketed have changed considerably since the 2005 Act. We must make sure that our rules on advertising, like other aspects of gambling, are suited to the digital age; we are determined to get these right as well. The noble Lord, Lord Butler of Brockwell, rightly used the opportunity of the gap to anticipate that striking the right balance in regulation is at the heart of our review; that is, the balance between respecting adults’ freedom to choose how they spend their money and preventing harm to children, vulnerable groups and the community more widely.

In addition to the careful consideration of advertising of gambling in the review, the Government have an ambitious vision for responsible advertising practices in the digital age which goes beyond any single sector. We will consult separately on our online advertising programme, which will establish an overall framework for fair, accountable and ethical online advertising to apply to all sectors.

We already have robust rules on gambling advertising, which, as the noble Lord, Lord Foster, noted, have been strengthened at points over the years since the 2005 Act. All gambling advertising, wherever it appears, is subject to strict controls on content and placement. Compliance with the advertising codes is a licence condition for gambling operators. The Gambling Commission has an overarching requirement that advertising is socially responsible, and that the advertising codes are continually updated in the light of emerging evidence. The commission and the advertising rules ban inducements that encourage customers to gamble more intensely. Operators are not allowed to market directly to people who have self-excluded or customers showing signs of vulnerability.

Since the last gambling review, the Gambling Commission has introduced tough new requirements on operators’ VIP schemes. It has also cracked down on the use of misleading terms and conditions in promotional offers and marketing. The Committee of Advertising Practice has implemented changes to stop gambling adverts appealing irresponsibly to vulnerable adults. A final decision on strengthened rules on content appealing to children is expected shortly. The industry has also introduced the “whistle to whistle” ban, which the noble Lord, Lord Foster, raised, on advertising in live sport. As the noble Lord, Lord Browne of Belmont, mentioned, its code requires adverts in social media to be targeted only at users aged 25 and above and, for YouTube accounts, people aged 18 or over. The noble Lord, Lord Browne, asked whether we have met social media companies as part of the review. We have done so, at official level.

Turning to the evidence on harm, the noble Lord, Lord Foster, raised the 2019 research by Professor Binde. That research included the statement:

“There is no evidence in this study that gambling advertising in mass media substantially contributes to gambling problems.”


That would seem to confirm that it is people already experiencing gambling problems who are most likely to be affected by gambling advertising, but we do take preventing gambling harm very seriously. We are also alive—the noble Lord, Lord Foster, referred to our recent correspondence—to the disproportionate impact that gambling advertising can have on different groups; in particular, people who are already struggling with gambling problems. We will not hesitate to take action to rule out harmful practices and we welcome efforts to develop the evidence base and our understanding of this relationship.

A number of noble Lords rightly mentioned sport. As well as advertising, our review of the Gambling Act is thoroughly considering the evidence on the subject of gambling sponsorships in sport. We recognise both the concerns about the visibility of gambling brands in sports that are widely enjoyed by people of all ages, including children, and the role that sponsorship can play in supporting elite and grass-roots sport. Gambling sponsorship in sports is one of the areas under close consideration in the review. We are looking at the evidence closely to determine our approach on this issue; no decisions have been made.

My noble friend Lord Holmes of Richmond noted the popularity of football, particularly with children. We recognise the global reach of the Premier League and the upper echelons of football. There are rules in place to ensure that children are not targeted by gambling sponsorship. Sports governing bodies are also empowered to determine what level of involvement with the gambling industry is appropriate for their sport. The noble Lord, Lord Foster, mentioned the correlation between advertising and problem gambling in children and young people. Again, protections are already in place to limit children’s exposure to advertising. Gambling adverts must not be targeted at children or appeal particularly to them. The Committee of Advertising Practice will soon publish more on its plans to tighten the rules in this area.

My noble friends Lady Chisholm of Owlpen and Lord Bethell spoke further on the impact on children and young people. It is important to underline that most forms of gambling in the UK are currently illegal for people under the age of 18. Over the last decade, self-reported problem gambling participation by people aged 11 to 16 has seen an overall falling trend, from 23% to 11%. Those children who gamble typically do so in ways which are legal for them, such as private betting with friends or family. None the less, we recognise that it is essential that our gambling regulation works to protect children and vulnerable people. We have dedicated a chapter of our call-to-evidence to questions in this very important area.

My noble friends Lord Bourne of Aberystwyth and Lord Vaizey of Didcot mentioned the online protections which are necessary. We have made significant progress in recent years on making online gambling safer, including a ban on gambling on credit cards and new rules to reduce the intensity of online slot games. However, we recognise that more can be done to protect those who gamble online. Our review is looking closely at the case for greater protections for online gamblers, including protections on products and for individuals. The Gambling Commission is also working to improve how operators use data to identify customers at risk of harm and how they can intervene. Operators already must monitor play and intervene when there are signs of harm.

My noble friend Lord Bethell asked about affordability checks. We see a clear role for considering an individual’s financial circumstances to help stop devastating losses, but to be workable and to prevent harm, checks need to be proportionate and be done in a way that is acceptable to customers. We continue to work closely with the Gambling Commission on this issue in the run-up to publishing our White Paper.

The noble Lord, Lord Bassam of Brighton, asked about the Online Safety Bill. Online gambling platforms will be in scope of the regulatory framework if they host user-generated content or facilitate online interaction— for example, through chat functions. However, online gambling platforms which only enable interaction between individuals and the gambling company will not fall into scope of that Bill.

We have a robust regulatory regime which limits children’s exposure to advertising and the effect it may have on vulnerable people, but we, the Advertising Standards Authority and the Gambling Commission are always alert to where more may need to be done. We will be publishing our White Paper at the conclusion of the review and the consideration of all the submissions to it, along with our proposals for reform. We have been carefully considering the evidence that has been received and will continue to take into account the opinions given and further arguments made in debates such as this. I thank again the noble Lord, Lord Foster of Bath, for giving us this opportunity, and thank all noble Lords who took part in the debate. To the noble Lord, Lord Griffiths, the noble Baroness, Lady Wilcox, and my noble friend Lord Bourne, I say, Dydd Gŵyl Dewi hapus.