Ladbrokes’ breach of ASA Code should set an example, legal expert says

A legal advisor has cautioned UK operators like Ladbrokes to always ensure they remain on the safe side when it comes to advertising.

Felix Faulkner, solicitor at licensing law firm Poppleston Allen, gave his two cents on the recent Ladbrokes fallout with the UK’s Advertising Standards Authority (ASA) by highlighting the importance of placing a promotion within a wider social context before running it.

Measure twice, cut once

Addressing all UK operators, Faulkner advised that companies should be aware of three main points when handling promotions – the terminology and naming of the products or offers, the historic and current colloquial use of the terms being used, and the implications of any derivative advertising efforts.

“Responsible gambling is a fundamental tenet of the Gambling Act, and the remit falls solely in the laps of operators and licence holders to ensure that their marketing and advertisements always adhere to the LCCP and the ASA regulations,” the solicitor added.

“It is always better to be safe than sorry.”

Ladbrokes learns firsthand

What led to Faulkner’s comments was a recent decision by the ASA to uphold several complaints made against Ladbrokes advertisements.

The case featured the operator’s airing of two TV and video-on-demand promotions featuring its free-to-play game currency called ‘Ladbucks’.

ASA’s subsequent ruling deemed the adverts potentially appealing to minors due to the branding terminology, with ‘bucks’ specifically reminiscent of the ‘V-bucks’ virtual currency used in the video game Fortnite, and the ‘Robux’ currency of the video game Roblox – both games immensely popular among children.

In addition, the advertising regulator saw a problem with the term ‘lad’ as well – although it has been intrinsic to the Ladbrokes brand since its inception. 

ASA stated that it views the word ‘lad’ as a colloquial UK term referring to a boy or a young man, which combined with the word ‘bucks’ constitutes a breach of its anti-minor advertising code altogether.

Ladbrokes, which is a property of Entain, has disagreed with both conclusions, but has nevertheless taken action to remove the featured content.

Faulkner concluded: “While it is understandable that a brand called Ladbrokes might produce an in-play betting reward token with the term ‘lad’ in it, it is of utmost importance for all licence holders to sense-check a number of things before running a promotion.

“It is evident from the Ladbrokes decision that the ASA believed the close link to Fortnite and Roblox pushed this proposal over the line, and the argued mitigation from Ladbrokes was not enough to defend the case.”