Who: The Advertising Standards Authority (ASA) and Jumpman Gaming Limited t/a Lights Camera Bingo
Where: United Kingdom
When: 12 July 2023
Law stated as at: 8 August 2023
What happened:
The ASA has issued a ruling against the popular bingo and gaming website “Lights Camera Bingo” for promoting an advertisement which was considered to encourage gambling behaviour.
When users left the website to open another tab in their internet browser, a camera symbol appeared on the open tab, accompanied with the words “Hey! Come Back!”. The ad was assessed as to whether it was irresponsible.
Lights Camera Bingo argued that the “Hey! Come Back” tab message replaced the name of the website which would otherwise display in the tab. The advertiser did not consider the message to be different to having the website name and logo visible on the tab, and it was argued that the message was not a specific call to action.
In its response to the complaint, the advertiser argued that 5% of their customer base would access their website on a desktop device and would see the message as a browser feature. It was also argued that the intention and only purpose of the message was to alert the user that the website had not been closed. The user could then either close the tab or they would be reminded that they were still logged into their account and they would need to log out to close their access.
Lights Camera Bingo noted that they recognised the requirements of the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code), and frequently sought advice from the CAP Copy Advice service, but they did not seek advice for this ad, as they did not deem it necessary.
Why this matters:
The CAP Code states that ads for gambling must be socially responsible and must not encourage irresponsible gambling behaviour or lead to financial, social or emotional harm. The CAP Code also states that ads must not exploit the susceptibilities of vulnerable persons.
The ASA noted that the “Hey! Come Back!” message was directly connected with the supply of Lights Camera Bingo’s service, by alerting consumers to return to that web page after they had left it. It was therefore a marketing communication that fell within the scope of the CAP Code. The ASA considered that by displaying a call to action for users to “come back”, this would be understood as an instruction that encouraged users to return to using the website, when they had either paused their bingo play or had stopped play altogether. Such messaging, in the context of an ad for an online bingo service, could have the effect of encouraging people to continue gambling when they would otherwise have stopped, especially as the message did not disappear until the user returned to the website.
The ASA considered that, particularly in the case of those with gambling problems or recovering gambling addicts, the message could exploit the susceptibilities of vulnerable people. The regulator did not consider that the potential impact of such messaging was any less harmful because it only appeared on devices in limited circumstances, for a small section of Lights Camera Bingo’s customer base.
The ASA concluded that the ad encouraged consumers to engage in gambling behaviour that could lead to financial, social or emotional harm, and was therefore irresponsible and breached the CAP Code.
