UK E-Gaming Promotional Restrictions

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Table of Contents

Introduction
The Gambling Act 2005
Voluntary code 2007
BCAP Sections 10 & 32
OFCOM regulations
GamCare
Conclusion
Bibliography

Introduction

This report is on the e-gaming sector in the UK, with emphasis on the set of laws and policies to be addressed if a UK radio station with a present-day e-gaming site promotes the existence of the site during a broadcast. E-gaming businesses normally use radio stations among other advertisement modes to make their services known to the public. It is through radio stations that the e-gaming businesses get the opportunity to promote their existence as well as market their services to the listeners of the radio stations. However, it should be understood that the advertisement of e-gaming businesses through the radio, especially during a broadcast ignites several debates from the relevant stakeholders. As such, this report will specifically analyze the set of laws and policies to be addressed if a radio station in the UK linked to an e-gaming website decides to advertise the e-gaming services during a broadcast. Some of the laws to be reviewed in this report include the Gambling Act 2005, Voluntary code 2007, BCAP Sections 10 & 32, OFCOM regulations as well as Gamcare.

The Gambling Act 2005

The 2005 Gambling Act was adopted within the United Kingdom in 2005. The objectives of the proposed gambling regulation include protecting children from taking part in gambling through the establishment of the authorized gambling age as well as ensuring that crime does not interpenetrate within the gambling business. The regulations of the Act specify the conditions, which should be met by those parties interested in taking part in the gambling business. For instance, gambling businesses are required to get a permit/license before engaging in the business. Actually, the Gambling Act had the aim of licensing the operators of all online games including the casinos, betting, and bingo among other games that involve gambling, for instance in horse racing. Gambling Act 2005 is related to gaming and game of chance. In the act, eGaming is a game for a prize. A game of chance includes an element of chance as well as an element of skill. A person plays a game of chance in spite of the fact that there are other participants in the game. If there is a risk to lose anything in the game, a person still plays a game for a prize. Prize means money. Equal chance gaming is not based on staking against a bank, and all participants are in equal conditions.

The Act goes further to stipulate what happens in the event that the operations of the businesses deviate from those stipulated in the permit, hence leading to cancellation, transfer, or forfeiture of the permit. As such, it is essential that all businesses, whose operations incorporate gambling, should strictly follow the stipulations of the Gambling Act 2005 to avoid cases of license withdrawal, which would eventually lead to business closure. However, the establishment of the unique gambling commission has led to the formulation of various adjustments, which should be made, on the Act regarding offshore licenses. This has been necessitated by the emergence of illegal e-gaming sites.

A radio station that owns an e-gaming website falls under the category of lotteries given the fact that it involves most of the gambling games such as casinos, poker, bingo, and slots among others, which are similar to those found in an e-gaming website. Additionally, the operations at a radio e-gaming site such as gambling and betting are the same that takes place in the e-gaming websites. Regarding the 2005 Gambling Act, the segment dealing with lotteries features information on the monetary limits variation of order 2009, which was first introduced in February 2009. Within the order, specifications have been given regarding the monetary limits, which the firms running the lotteries should observe.

It is, therefore, agreeable that the introduction of the Gambling Act has a significant impact on the operations of online games, including those owned by radio stations. First, the Gambling Act of 2005 authorized the operations of gaming activities through the internet, radio and television stations, and all the other media of communication. With this authorization, the UK-based radio station owning an e-gaming website has the opportunity of advertising the services of its e-gaming business on-air to the public. This does not only create awareness to the public concerning the existence of the e-gaming website, but it also increases the number of willing players to the e-gaming website.

It should also be noted that the introduction of the Gambling Act of 2005 does not only come with positive impacts as there are some restrictions given in the Act, which negatively influence the operations of an e-gaming website. For instance, the Act clearly stipulates that the e-gaming website should protect children and young persons, by ensuring that they are not exploited through online games. This means that the advertisement of the e-gaming services through the radio should be on air at times when the children are listening to the radio station. As such, the advertisements should come on air after a watershed that is late in the night when most of the children are asleep. This way, the children will not be aware of the existence of the e-gaming websites hence not prone to exploitation through online games.

Voluntary code 2007

The Voluntary Code was adopted by the UK gambling industry in 2007 because of much pressure from various agencies, which demanded the adaption of the code. The initiative is actually one of the various “voluntary” measures absorbed within the gambling sector concerning conducting advertisements, which is socially responsible. The Voluntary code augments further the Committee of Advertising Practice (CAP) codes as well as the Broadcasting CAP (BCAP) codes. In fact, the current media regulations do not obstruct radio stations from participating in the e-gaming business. However, the code had provisions, which protected children under the age of eighteen years as well as other groups that are prone to exploitation through online games. The policy dictates that gambling products should not be televised prior to the established watershed time, that is, 9.00 pm. This means that broadcasting advertisements before nine o’clock in the evening are against the provisions of the code in terms of protection to children. In addition, the code requires all gambling adverts to be designed in a socially responsible manner directing all clients to the novel website termed “gamble aware.”

Regarding social responsibility, the code specifies that all broadcasts along with non-broadcast gambling advertisements feature the website address of a gamble aware, that is, www.gambleaware.co.uk. This address should be featured in a feasible and practical manner for the viewers to see. In doing this, the radio station will be practicing social responsibility as it will not allow the public to blindly get into practices that they know little of. Actually, the provision of all the information stipulated in the code will be protecting the radio station company from being accused of blind adverts. This is because, a member of the public who decides to venture into the e-gaming website and play the online gambling games and in any case loses, will have done that out of their own will since all the information required will have been given to them accordingly. The code goes further to stipulate that airing of the website address is not a requirement to those radio stations that do not own e-gaming websites/ businesses. Therefore, the radio station involved in e-gaming will not have complied with this restriction because it is concerned with e-gaming activities. In accordance with the code, gambling operators are also required to include further informative messages in at least some if not all of its advertisements. These messages should be designed in such a manner that they pass a good piece of advice to the willing players, which could also act as a warning. It is almost impractical for the radio adverts to feature the website address of a gamble aware. Concisely, the UK radio station running an e-gaming business will also be obliged for the watershed time as specified by the code.

The intention is that this code will apply to gambling on the territory of the United Kingdom. Generally, it was created by the gambling industry.

BCAP Sections 10 & 32

The radio station anticipating taking part in e-gaming should also observe sections 10 as well as 32 of the BCAP. Section 10 of the BCAP is entitled as the ‘prohibited categories’. This section is based on the principle that certain products’ along with services’ advertisements should not be broadcasted. This is because they may be potentially harmful to the audience, that is, the society or those products do not qualify to be legally advertised. The rules, which are specified within section 10, that are applicable to e-gaming are such as rule number 10.1.2. In general, the main rule 10.1 specifies that not all the specified advertisement forms under that clause be permitted. Therefore, in respect to 10.1.2, it is illegal to advertise betting systems along with products whose intention is to enable winning various chance games. The provisions of the BCAP Section 10 have a significant influence on radio stations that advertise e-gaming businesses through their broadcast since they have to limit their advertisements by laying down strict regulations concerning the same. For instance, the UK radio station should not advertise the e-gaming businesses while at the same showing the winners of the gambling games. This will be against the provisions of Section 10 of the BCAP as the public could be enticed to register to the online games after seeing the winners. Therefore, in order to be socially responsible, the UK radio station should not advertise e-gaming products that could facilitate the winning of the games by chance, as is stipulated in Section 10.1.2 of the BCAP. In other words, various products, which main aim is to facilitate gambling are not acceptable.

Section 32 of the BCAP outlines matters concerned with scheduling advertisements that are broadcasted on the radio station. The radio station owners are obliged to take special care when it comes to scheduling their advertisements such that they are suitable for the desired viewers. As such, just it is stipulated in the voluntary code and the Gambling Act 2005, radio stations should ensure that the advertisements concerning the e-gaming websites are broadcasted only after the watershed. For instance, they ought to make sure that e-gaming advertisements are not broadcasted in the progress of a children’s program. The implementation of the BCAP sections 10 and 32 by the UK-based radio station owning an e-gaming platform is an act of being socially responsible. This is because all the aforementioned rules are geared towards ensuring that the advertisements made through any radio stations are truthful, decent, honest, and legal such that they do not mislead the public.

OFCOM regulations

Within the United Kingdom, both televisions along radio services are licensed by OFCOM. OFCOM is considered to be an independent regulator as well as a competition authority of the communication industries within the United Kingdom. Therefore, the radio station desiring to operate e-gaming activities will have to be cleared by OFCOM before joining the market. Actually, this is because of the fact that the radio station will have to get the authority to operate, from OFCOM, which will be in the form of a license. Among the many responsibilities of OFCOM is that of protecting the radio industry from abuse. This comes as a merit to the UK-based radio station, which in addition to having to advertise e-gaming businesses commonly related to cases of gambling, it will also have a protective cover.

Actually, OFCOM is of benefit to both the radio station and the listeners of the broadcast who make up the public. This is an indication that OFCOM regulations are geared towards achieving social responsibility by the radio stations. Indeed, the latest broadcasting codes established by OFCOM were released in February 2011. The codes are focused on the protection of under-aged persons by adhering to the established watershed. Just like most of the regulations put in place to regulate the operations of the radio stations, the OFCOM regulations have significantly affected radios stations that broadcast information about e-gaming activities. For instance, by presiding over areas such as complaints, policies, licensing, and competition just to mention a few, OFCOM ensures that what goes to the radio broadcast is fitted to the general public. As such, the UK radio station owning an e-gaming platform should ensure that it adheres to the stipulations of OFCOM in order to be socially responsible. This is so because all the advertisements and programming of the radio station will be required to meet the requirements of OFCOM before being aired through the radio station to the public. Since the UK-based radio station owning an e-gaming platform will be required to advertise its e-gaming business to the public, it will be guided by the stipulations of OFCOM. This will affect the general presentation of the radio station’s programs and advertisements that have to do with the e-gaming business since they may be limited by the rules. Nevertheless, this is of great significance to the public, especially those protected from gambling issues by the law, in this case, the minors and vulnerable groups.

Finally yet importantly, is the fact that in its regulations, OFCOM requires that all radio operators give a report consisting of a list of all the transmissions made to the public. This way, OFCOM ensures that only true and honest information that is of benefit to the public is transmitted to them. The UK-based radio station despite owning an e-gaming platform, which it has to advertise to the public, is also required to provide a report regarding the transmissions it has made to OFCOM. This has a significant impact on the operations of the radio station since there will be restrictions when it comes to advertising its e-gaming website.

GamCare

GamCare is an important organization in the e-gaming sector as it is concerned with the guidance and counseling of gambling players with the spirit of assisting them to overcome the social ramifications associated with gambling. The organization provides support to people who suffer from gambling. Gamcare was established in 1997. It is essential that the radio station expecting to begin operating e-gaming services collaborate with Gamcare. For one, GamCare is a pillar of information offering advice to all the businesses that operate online gambling games. As such, the UK-based radio station will benefit from the advice given to them by GamCare if it decides to consult it. Among the services offered by GamCare is that of ensuring information concerning the social impact of gambling, social responsibility, and gambling as well as information regarding the treatment of programs of people/businesses affected by gambling. Just like all other businesses; the e-gaming business is bound to experience problems, which require to be sorted out in order to ensure the successful progress of the business. Therefore, the fact that GamCare gives an opportunity to all gambling games to be advised is an advantage to the UK-based radio station. As such, the radio station will be able to have smooth running given the guidance and counseling from GamCare.

In addition to this, all the gambling firms affiliated with Gamcare are expected to adhere to certain guidelines stipulated in the rules of the GamCare organization, which are aimed at promoting responsible gaming. These guidelines comprise issues such as ensuring that their websites feature Gamcare links or those of any other firms offering counseling services. The firms are also expected to allow their members to establish their individual limits while taking part in gambling. It is also essential that gambling operators should train their staff on procedures of identifying and helping addicted gamblers. Gamcare has developed strategies, which will assist in making better the comprehension of the gambling impact socially. The strategies are also designed in such a way that they encourage the approach of gambling activities. The principal strategy is aimed at addressing the adverse needs of those who have a high gambling dependency. Gamcare also advocates for the formulation as well as the implementation of responsible policies within the gambling industry.

Being an affiliate to GamCare, the UK-based radio station owning an e-gaming website will be in a position to gain a competitive advantage over the other e-gaming websites that have not collaborated with Gamcare. This will be because of the mere fact that the e-gaming company will have gained the trust of the public in recognizing that it is an affiliate of GamCare.

Conclusion

Given the findings of the report discussed above, it can be concluded that any radio station with the intention of airing any e-gaming advertisements is to be guided by several rules and regulations. These laws and regulations have negative and positive impacts on the operations of the radio station with regard to its presentation. From the report, it has been noted that most of the broadcast laws and codes restrict the advertisement and broadcast of information regarding e-gaming services any time before the watershed, which is 9.00 pm in the night. This is because the information contained in the e-gaming websites could be of high risk to children under the age of eighteen years since they fall under the vulnerable groups. It is undoubtedly that this information is broadcasted to the young children who in turn decide to engage in the online games, they will be at risk of being exploited by their fellow adult players of the game. Because this is something that could torture the children, it is important that it is curbed early enough and this is achievable through the restriction of the advertisements before the watershed.

It, therefore, is important that the UK-based radio station with an e-gaming platform complies with the laws and codes discussed in the report in order to effectively operate and promote its services to the public. As mentioned earlier, radio stations that affiliate with the regulatory bodies will have a competitive advantage over those of their counterparts who fail to do so. Other than getting the essential advice and counseling from organizations such as GamCare, radio stations will also gain the trust of their viewers. Moreover, since the radio will be operating with no fear because of having complied with the laws and regulations it will be able to have a smooth running of their operations. This will in the end be to the advantage of the radio station owning the e-gaming website since the e-gaming business will be prosperous given the positive feedback it will have achieved from the public because of adhering to the laws and regulations.

In conclusion, it is important to note that any radio station with the intention of setting up an e-gaming site should ensure that it registers with the necessary regulatory bodies such as OFCOM. In its operations, it should ensure that it complies with the stipulation of the Gambling Act 2005, Voluntary code 2007, and BCAP sections 10 and 32 among other codes and Acts essentially in the radio and gambling industries. Lastly, an affiliation with GamCare will give the radio station an opportunity to acquire the essential counseling required in the gambling industry.

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Great Britain parliament. House of Commons: Gambling Act 2005: Chapter 19, London: Stationery Office.

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