Question to the Department for Digital, Culture, Media & Sport:

To ask the Secretary of State for Culture, Media and Sport, what steps her Department is taking to ensure that the cross-sport Code of Conduct is (a) robust and (b) workable in practice; and what lessons she has learnt from the application of CAP code 2.1 for regulation of breaches of the Code.

All domestic sports governing bodies have agreed to four core principles underpinning the cross-sport Code of Conduct on gambling sponsorship: (i) protecting children and young people (ii) socially responsible promotion (iii) reinvestment into sport (iv) maintaining sporting integrity. These principles put in place a robust minimum standard for sponsorship across all sports. Through the code, a proportion of in-stadia advertising will be dedicated to safer gambling messaging, and replica kits for adults will be made available without gambling logos, alongside the existing requirements for childrens’ replica kits.

Sports governing bodies must have sufficient flexibility to implement these principles in a way which maximises impact for the sports and their fans. Bespoke, sport-specific Codes are currently being designed by individual sports governing bodies, and will be implemented in due course. The Premier League and English Football League plan to have their Codes in place by next season. DCMS will continue to work closely with sports on their implementation and enforcement practices.

As a licence condition, gambling operators must comply with the restrictions set out in the Advertising Codes, which includes robust rules under section 2 regulating the recognition of marketing communications. Under these rules, marketing communications must be obviously identifiable as such and make clear their commercial intent, if that is not obvious from the context. The Advertising Standards Authority (ASA) can and does take action against breaches, and a recent ruling can be found here. Operators are liable to enforcement action from the Gambling Commission if affiliates which they pay to carry out marketing activities do not comply with the rules.