GB regulator concedes on advertising policy
Gambling Commission admits argument can be made for unlicensed operators to advertise in Great Britain
The Gambling Commission’s attempts to prevent unlicensed foreign operators from advertising in Great Britain appear to have come unstuck after the regulator admitted its policy was legally “arguable”.
In a recent update to its licence conditions and codes of practice, the Commission outlined its intention to allow only holders of a British operating licence to advertise within the market while it has also ruled out the possibility of granting ‘advertising only’ licences.
However, its ability to enforce such a policy has been called into question with the Commission’s jurisdiction limited to operators that offer services to customers in Great Britain.
And it now appears overseas operators using globally televised British sporting events to promote their products to foreign markets could potentially continue to do so providing their products aren’t available to customers in Great Britain.
“It has been suggested by some stakeholders that an operator will not commit an offence of advertising unlawful gambling if it blocks access by British consumers to their gambling website,” a spokesperson for the Commission said.
“The Commission does not provide legal advice and only the courts can provide a definitive view on the legal position. However the Commission considers that the position on non-remote advertising is arguable both in terms of the law and the facts of any particular case,” the spokesperson added.
At the same time, the regulator also highlighted the legal risks to sports clubs carrying advertising from unlicensed operators, citing unreliable blocking technology and the ability of consumers to circumvent blocking measures as two major concerns.
Last week, gaming lawyer David Zeffman of law firm Olswang said the Commission’s policy appeared to be “deliberately deterring an important marketing channel and source of funding with no clear legal justification”.
The measure is due to come into effect on 1 October when Great Britain’s new point of consumption licensing regime is expected to go live.