The complaint centers around an Instagram advert posted by PokerStars. PokerStars is historically the largest online poker operator, but this does not include the recent emergence of crypto poker operators.
Advert is a Breach of CAP Code, says ASA
The advertisement in question showed two players, one wearing a PokerStars-branded jumper, claiming they had been set a challenge by PokerStars Casino. The two users competed on separate slot machines, playing the popular slot title “Big Bass Bonanza.”
One user continues to win, and when asked for some “tips,” he replies, “You gotta heat your finger up.” The gambler then blows on his finger, presses the spin button, and wins more money.
The video ended with one of the two players turning to the camera and saying: “Can you believe that? I invested £100 and five minutes later, £240 because of my skill at slots.”
After being approached by the ASA, Stars Interactive Ltd (trading as PokerStars) acknowledged that its advert did not comply with the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code).
The company claimed that the advert was published in error and said it took steps to remove it from Instagram upon receiving the complaint. In addition, PokerStars claims they provided mandatory advertising compliance training to all employees involved in UK ad campaigns and always sought to adhere strictly to all relevant legislation.
Complaint Against PokerStars Upheld
The CAP Code states that marketing communications for gambling products must not portray, condone, or encourage gambling behaviour that is socially irresponsible or could lead to “financial, social, or emotional harm.”
The specific guidance on “Gambling Advertising: responsibility and problem gambling,” also states that “marketers should take care to avoid trivialising gambling and avoid the impression that the decision to gamble should be taken lightly, for example, they should not encourage frequent or repetitive participation.”
The ASA upheld the complaint. The agency outlined that the portrayal of one gambler winning large sums of money in a short period of time “created a false sense of guaranteed success.” The supposed ‘loser’ still also was shown as making money, which the agency said “reinforced that impression.”
The claim that playing slots was an investment was also found to be in breach of advertising rules, and further the act of blowing on his finger then pushing a button to win more money, “gave the impression that luck or simple actions could lead to significant rewards.”
The ASA statement continues: “We considered that the claim that playing slots was an investment, together with the portrayal of easy and repetitive wins, gave the impression that the decision to gamble had been taken lightly and was therefore likely to encourage some consumers to participate repetitively.”
“For those reasons, we concluded that the ad portrayed, condoned and encouraged gambling behaviour that was socially irresponsible and could lead to harm, and therefore breached the Code,” it concluded.
Specifically, the advert was deemed to have breached CAP Code (Edition 12) rules 16.1, 16.3 and 16.3.1 (Gambling).
The business has been informed that the ads must not appear again in the same form. It also was served a warning to ensure that future ads were compliant with the CAP Code.
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