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ASA Bans BetVictor Ad

Published on: 13/05/2023

The UK’s Advertising Standards Authority has ordered online betting and gaming operator BetVictor to remove one of its Facebook adverts. The advertising watchdog ruled that the ad had breached Committee on Advertising Practice guidelines by including individuals who were likely to have a strong appeal to under-18s.

FC Barcelona logo on grass pitch in Camp Nou Stadium.

Both Jordi Alba and Sergio Busquets, who appeared in the advert, played for the Spanish national team in last year’s World Cup.
?David Pickup/Pexels

Facebook Ad Under Scrutiny

The ASA has banned a Facebook advert for BetVictor after it included two football players on the Spanish national team. The ASA, which is tasked with regulating the advertising industry in the UK, found the ad to be in breach of its CAP code. Gambling firms are subject to strict rules when it comes to how they can advertise their products and services.

The paid-for ad was seen on the popular social media platform in January 2023. It featured images of Jordi Alba and Sergio Busquets, two footballers who play for FC Barcelona and the Spanish national side. Above the image, text read “Who is the most underrated player at the club you support?”. The BetVictor logo was visible in the top corner of the ad.

The ASA challenged whether the two individuals were likely to appeal strongly to under-18-year-olds. After carrying out an investigation, it upheld that view. BetVictor has been told that the ad must not appear again in its current form. The operator has also been told that it must not include people or characters in its ads that have strong appeal to those under the age of 18.

Issuing a statement on the case, the ASA explained how it had reached its judgement. It also included details of a response from BV Gaming, which operates the BetVictor platform. It made it clear that the online bookmaker did not believe that its ad had breached CAP guidance.

BetVictor stated that it had procedures in place to ensure that its marketing did not go against the ASA’s rules. It also noted that CAP guidance states that when a person or character is used to illustrate a subject of strong appeal to under-18s, their association with the subject was not a basis alone for the ASA to rule that an ad was in breach of the code.

No Strong Social Media Presence

According to BetVictor, despite being a top-flight team it did not consider that FC Barcelona’s players would be well-known in the UK. It said that it did believe that Jordi Alba and Sergio Busquets would fall into the ‘high risk’ category as defined by CAP guidance, comparing them to well-known football stars like Messi, Mbappe, Xavi, Mane, Ronaldo and Benzema.

It instead considered them to be within the ‘medium risk’ category. Asserting its point, BetVictor added that neither individual played in an attacking or goal-scoring position, nor did their names make the headlines. At the time that the ad appeared, neither Alba or Busquets had scored against a UK team or played in a club match against a Premier League team since 2019.

Citing further evidence, BetVictor stated that while both players had played for their country, their match appearances had not resulted in games against England or Wales. Spain last played England in 2018 and Alba had not been on the team or a substitute. The Spanish team did win the World Cup in 2010 and the European Cup in 2012.

However, any under-18s who could have watched those matches and formed an attachment to those Spanish players would now be over the age of 18. Alba did not play in the World Cup final in 2010 and Busquets only made his Spanish national team debut in the tournament. Only six players on that team played in the Premier League.

As a result, the operator judged that Alba and Busquets had low profiles and that it was acceptable to include their images in the Facebook post. Neither player had a personal sponsorship deal with any major brand known in the UK and did not have strong social media following amongst under-18s.

ASA Takes Strict Stance

Search Engine Optimization data showed that Google searches in the UK for both players were fewer than those of top-flight footballers and retired UK players. In the week from January 16th to the 22nd, Busquets’ total UK searches were 1.9% of Messi’s searches, while Alba’s were 1.67%. Search volume for the two players did increase during the World Cup, but still remained comparatively low.

The ASA considered BetVictor’s Facebook post an advert because it had been paid for. However, the operator explained that it included no comments, links or calls to action back to betting sites other than their own. The post was designed to engage viewers in conversation and Facebook data showed that 100% of the post’s viewers were over the age of 25.

Despite BetVictor’s in-depth defense, the ASA was clear in its ruling. It stated that the ad was irresponsible and breached the Code. Since October 2022, the CAP Code has stated that marketing communications for gambling products must not be likely to be of strong appeal to children or young people.

In relation to gambling advertising, CAP guidance states that football is the most prominent subject of strong appeal to under-18s. Non-UK ‘star’ footballers, in particular those at top European clubs, are considered ‘high-risk’ in terms of their appeal to minors. Players at FC Barcelona, one of the most successful clubs in the world, fall into that category.

At the time that the ad appeared, Busquets had made nearly 700 appearances for FC Barcelona and was the team’s captain. Alba had played for the side since 2012, during which time he had won 16 major honors. Both players were on the Spanish national team during the 2022 World Cup, which Busquets captained.

The ruling is a significant one as the ASA makes its stance on featuring footballers in gambling ads ever stricter. Previous rulings have put current Premier League players out of bounds, as well as some retired players. It now suggests that inclusion of any player in a major overseas league is a risky move for operators.

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