In the bustling world of advertising and customer engagement, one particular radio advertisement has come under scrutiny for possibly breaching marketing regulations. The advert, which aired in September 2023, featured Adebayo Akinfenwa—a retired footballer notably known for his remarkable physical strength—and his role as brand ambassador for BetUK, a popular online gambling platform.
The advertisement intently focused on promoting BetUK’s commitment to responsible gambling, highlighting several tools aimed at ensuring a safer gambling experience. Akinfenwa spoke of the importance of setting deposit limits, scheduling reality checks, and the option to take time-outs – all mechanisms that allow players to control their gambling habits. Throughout the advert, there was an emphasis on the mantra to “always gamble responsibly with BetUK.”
However, despite the seemingly good intentions, a complaint submitted to the Advertising Standards Authority (ASA) ignited controversy around the ad’s potential allure to under-18s. The crux of the complaint dwelt on whether featuring an individual, like Akinfenwa with his strong popularity among football fans, breached the Broadcast Committee of Advertising Practice (BCAP) Code by appealing to children and young persons.
Defending the integrity of their marketing communications, LeoVegas and BetUK argued that the advert didn’t target under-18s, given that Akinfenwa, at 41 and retired, wouldn’t generally captivate a young audience. Further, they pointed out his professional career in the lower league football divisions as opposed to the more widely followed Premier League, presuming his influence on younger fans to be minimal.
Moreover, the defense noted Akinfenwa’s post-football endeavors, such as his clothing line which lacks any child-oriented products, and underscored his overall media profile that ostensibly didn’t resonate with children. Social media presence was a notable aspect of their argument with an evaluation of Akinfenwa’s followers: only 8% on Instagram and 18% on Snapchat being under the age of 18. However, specific age demographics for his Facebook, Twitter/X, and TikTok accounts remained unquantified.
BetUK also bolstered their stance by mentioning that the advert lacked any childishly toned content and was broadcast during a show typically expected to have an adult listener base. This sentiment was echoed by Radiocentre, the leading commercial body for UK radio, which supported BetUK’s claim.
Despite these defenses, the ASA took a firm stance, upholding the complaint with reference to the BCAP Code stating stipulations against marketing communications for gambling that could strongly appeal to children or young persons. In particular, the code prohibits inclusion of people or characters likely to appeal to under-18s in advertisements.
The ASA did acknowledge Akinfenwa’s lower league career, which as per BCAP guidance categorized such players at ‘low risk’ of appeal to young audiences. Yet, they posited that a ‘moderate risk’ could stem from his social and other media profiles. By evaluating his digital footprint, including a persona that branded him a ‘cult hero’ within the gaming community due to his repeated strong depiction in the FIFA video game series, the ASA found him to be of ‘moderate risk’.
Considering the provided social media data, the authority concluded that Akinfenwa’s significant young following, at least 157,000 on Instagram and Snapchat alone, indicated a ‘strong’ appeal. The ASA deemed that alongside his media presence, the cumulative result pushed the footballer into the ‘high risk’ category, making him a figure likely to engross under-18s.
As a result, the ASA ruled that the advertisement contravened rules 17.4 and 17.4.5 of the BCAP Code (Edition 12) related to gambling promotions. Consequently, the advert was banned from being aired in its existing format, and LeoVegas Gaming alongside BetUK received directives to abstain from featuring individuals with a strong appeal to the younger demographic in future adverts.
In the constantly evolving discussion around advertising responsibility, this case serves as a reminder of the vigilance required to balance effective marketing with ethical practices and regulatory compliance.
