In a blow for those of us labouring under the misapprehension that Chris Moyles’ target demographic is still ‘young people’, but a positive result for Betfair, a single complaint to the ASA that a radio advert for ‘Prize Pinball’, aired during the Chris Moyles Breakfast show, was inappropriately scheduled, has not been upheld.

The BCAP Code states that relevant timing restrictions must be applied to all ads that might be unsuitable for children. Clearly, ads promoting online gambling products, need to be scheduled in such a way as to minimise harm being caused to those under 18, which can be done through relevant timing restrictions (avoiding times when children are likely to be listening) and ensuring that the programmes the ads are broadcast around are not commissioned for, or likely to appeal to, audiences below the age of 18.

The ASA investigated the advert and did not find it in breach of either BCAP Code Rules 1.2 (which relate to social responsibility) or 32.3 (scheduling).

Scheduling and audience demographic

This assessment was based on the fact that Betfair had considered the demographic of their chosen radio channel when scheduling the ad; in particular, when the ASA assessed the Radio Joint Audience Research (‘RAJAR’) figures (provided by Betfair) for the time the ad was broadcast, these showed that the under-18 segment comprised a very low proportion of the audience at the time (specifically, around 6%). Conversely, a much larger proportion (typically c.88%) of Radio X listeners were over the age of 25.

In support of this, Betfair highlighted the following:

• Radio X featured music aimed at 25 to 44-year-olds and did not focus on new releases or pop music (which would more likely appeal to children or young adults).
• Chris Moyles was known primarily for ‘The Chris Moyles Show’ on Radio 1 between 2004 and 2012. Given the show transferred to Radio X under the same name, his current audience base was likely to be comprised of those who were familiar with him from that time, and for whom being 18 (or younger) was a distant memory.

Targeting

Betfair also highlighted that:

• They had arranged to programmatically target the ad to listeners who were aged 25 or over. This meant the ad was only targeted to listeners who were registered as 25 or older on their mobile phone or device.
• Although the advert was broadcast at around 8am on a Tuesday morning, due to the targeting, it was not broadcast on linear radio (and therefore, the complainant who heard the ad would have been registered as over 25).

This was not an automatic defence for Betfair, as the ASA concluded that it was, of course, still possible that children could have heard the ad (particularly at that time of the morning on a school day), even though the person logged into the device was registered as 25 or over.

What can operators take away from this decision?

• As with other ASA complaints involving the potential for children to see age-restricted ads, thorough research prior to finalising any advert is key.
• Interrogating the target (and actual) demographic of any proposed media before the ad is aired or published is critical; not only to minimise, from the outset, the risk of kids seeing the ad or being targeting by it – but also (in the event any ASA complaint is received), to be adequately armed to respond promptly and comprehensively to any such complaint.
• Where targeting can be confidently used to limit the respective audience, operators should avail themselves of this technology – we do not believe, however, that operators should take comfort in the fact that this ad was targeted; it was the fact that the broadcast channel itself was not considered a place where under-18s were likely to be that was the deciding factor here. That said, it is surely positive for any operator looking to demonstrate that it has taken its responsibilities to shield children from gambling advertising seriously from the outset, to be able to evidence this.
• Although the ASA’s conclusion was that the scheduling advice given by Radiocentre was appropriate and had been applied responsibly on this occasion, operators should be reminded that clearance by Radiocentre (or any other clearance house), does not provide a ‘get out of jail free’ card.

We’re here and always happy to help with questions around the content and positioning of gambling adverts (or to generally empathise with those of you thinking ‘what do you mean [Chris Moyles] [Peter Crouch] [Robbie Savage] don’t appeal to young people???’).