FAQ
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Questions:
1) If I am producing a bingo, gaming or betting ad, what should I look out for?
2) What are the rules on nudity in advertising?
3) Where can I find information about compliance of my legal supers?
4) My ad has been given a post 19.30 timing restriction – what does that mean?
5) How do I find out more about the duration of hold time for our Legal Super-Imposed text?
Answers:
1) If I am producing a bingo, gaming or betting ad, what should I look out for?
First, you would need to look at the BCAP Code, section 17 on Gambling. Clearcast assigns a ‘GG’ code to gambling advertisements which tells the broadcaster ‘This is an advertisement for Betting, Gaming or Bingo. Not to be transmitted in, or adjacent to, religious programmes, children’s programmes or programmes commissioned for, principally directed at or likely to appeal particularly to audiences below the age of 18’.
A presentation code will also be added to finished ads, as follows:
54 – GAMING – a voluntary agreement exists not to schedule gaming ads before 21.00. Legal advice should be sought on gaming ads proposed to be broadcast in Northern Ireland.
55 – BETTING – a voluntary agreement exists not to schedule gambling ads before 21.00. This agreement does not apply to sports betting around televised sporting events.
56 – WEBSITE – This is a Bingo or Betting ad containing a reference to a website with links to gaming on its home page.
We’d always ask to see terms and conditions of your website/product and offer. We’d ask that, if you have to ‘play out’ bonuses before withdrawing them you describe them as bonusplay or freeplay.
Gambling is a vast and tricky area of advertising and we have advice that is specific to gambling limits, bonuses by prize draw, free bets that are awarded in increments, music, sliding scale jackpots, etc etc. This advice is rather too long and complicated to state in this short note, and varies according to the terms and conditions of your product, so we’d ask that you supply a pre-production script for your gambling product/site together with the terms and conditions of it, then your Clearcast contact will advise you on any necessary changes and clarifications to your script. As with other sectors of advertising, we use ASA precedent on upheld/not upheld complaints to guide us when advising you. You can find past ASA adjudications here (link to ASA adjudications?)
Lotteries
For a lottery ad, you would need to refer to Section 18 of the BCAP Code. Scratchcards are also subject to the gambling rules but if they are non National Lottery scratchcards, they receive a GG timing restriction. National Lottery ads receive an ex kids (PK) restriction ‘ please note that we will be advising the programme companies that this advertisement should not be transmitted in the breaks immediately before during or immediately after children’s programmes’ (this is because 32.4.1 of the BCAP Scheduling Code notes that lotteries ‘may not be advertised in or adjacent to programmes commissioned for, principally directed at or likely to appeal particularly to audiences below the age of 16’).
2) What are the rules on nudity in advertising?
Full frontal nudity is not currently acceptable, genitals or female breasts shown in an ad are likely to cause offence. Pixellation may be an option and this should be discussed with your Clearcast contact as context is important. Bare bottoms are acceptable but will be likely subject to a mild scheduling restriction. The same applies to revealing clothing or scantily dressed characters. Relevance to the advertised product is also important. Extra care should be exercised if the nude subject is a baby or child within the ad. This guidance is likely to apply to animated scenes also.
3) Where can I find information about compliance of my legal supers?
A legal super is that text which is there to qualify a claim made in either voice over or text. There are specific rules relating to text height, duration and positioning and these can be found here.
4) My ad has been given a post 19.30 timing restriction – what does that mean?
Timing restrictions are a way of attempting to ensure that adverts are only shown at a time that is appropriate to their content. In general terms, some ads may only be shown outside of programmes mainly watched by children, while some may only be shown after the so called nine o’clock watershed, or even later. Post 19.30 is a half way house that would be applied to adverts containing moderate references to sex or violence or behaviour that would be harmful rather than life threatening if emulated.
Examples of content that would be likely to attract a post 19.30 timing are:
a/ Strong but brief interpersonal contact. Scenes of threat and horror in the home. Morphing and/or scary faces. Moderate or strong, but brief, aggressive behaviour. Visuals of injuries, which aren't too graphic but may be bloody.
b/ Moderate innuendo. Moderate non-graphic sexual activity, this might be nudity in a sexual context.
For a more comprehensive list and explanation of our timing restrictions, go here.
5) How do I find out more about the duration of hold time for our Legal Super-Imposed text?
Superimposed text is an essential part of TV advertising to ensure viewers fully understand the offers and any relevant legal info and is a strict requirement under the BCAP code. Please see the Super-Imposed Text section of our website for further info.