UK MPs’ ‘ill-informed’ letter unlikely to have real impact, say industry stakeholders
Industry stakeholders have said measures requested in a recent letter by UK MPs are already under way and evidence presented to a parliamentary health committee in April by gambling harms researchers has been taken at face value.
“It is simply the latest in a long series of reports reinforcing the idea that gambling is a wicked pastime, that harms are on the rise, despite considerable evidence to the contrary and that the gambling industry is predatory,” Dan Waugh, partner at Regulus Partners, tells iGB.
But he acknowledges, “Given the cumulative effect of many years of activism, I would not rule out further restrictions on advertising in the next year or so.”
Waugh calls the letter “remarkable ill-informed”. He adds: “The committee spoke with a number of anti-gambling activists and appear to have accepted everything they were told at face value. That said, a number of their recommendations seemed fairly reasonable.”
Select committees unlikely to dictate government policy
The committee also called on the health department to strengthen the rules on gambling advertisements. It expressed concerns that gambling adverts had become “intrusive and targeted”, with some individuals getting offers for free bets in the middle of the night, despite evidence of gambling harm from researchers and charity advocates.
Tamsin Blow, partner at legal firm CMS, suggested select committee recommendations are unlikely to dictate government decisions. “Select committees like the Health & Social Care Committee have a broad and poorly defined remit. They can contribute to legislative work and influence government decision-making but they are unlikely to dictate policy and priorities for the government,” she says.
In its letter published last Thursday, the UK’s Health and Social Care Committee wrote to the Department of Health and Social Care requesting the government take further action to curb gambling harms and undertake a second Gambling Act review.
It cited data from the Office for Health Improvement and Disparities 2023 (OHID), which estimated there were between 117 and 496 suicides associated with problem gambling every year.
There is a view that these deaths associated with problem gambling have been overestimated and that the figure is misleading.
Melanie Ellis, partner at Northridge law firm, told iGB that: “It’s frustrating that the letter leads with the debunked estimate of 117 to 496 gambling-related suicides every year in England.
“Also that it recommends measures that are already in place, limiting gambling advertising before the watershed, preventing adverts from being designed to appeal to children and limiting the kinds of promotions and incentives that can be offered.”
Calls for UK gambling restrictions
In the letter, MP Layla Moran, chair of the Health and Social Care Committee said the government should undertake a second review of the Gambling Act. The letter asks for more government agency powers to affect a response to problem gambling.
Blow says the current government has shown little appetite to start a new review of the Gambling Act or introduce new primary legislation in the gambling sector.
The UK government concluded a lengthy review of the UK’s gambling laws and released a white paper in April 2023, which called for a number of new rules and restrictions to be placed on player activity and operators’ marketing and bonusing measures.
The white paper reforms are currently being implemented, including mandatory deposit limits for first-time depositors and £5 and £2 stake limits on online slots. A statutory levy has also been implemented to ensure stakeholders are funding gambling harm prevention research in the UK.
It also implemented restrictions on licensed operators offering multi-product promotions, as well as capping bonus re-stakes at 10.
Further advertising regulation
The committee chair also expressed concern in the letter that the OHID was not able to properly address gambling-related harms without “considering the regulation of advertising and broader commercial practices” of the industry.
The letter recommended the OHID work with other departments and the Advertising Standards Agency to review current regulations on gambling promotions and advertisements.
Limiting gambling advertising before the 9pm watershed, ensuring content does not appeal to children, strengthening rules on sports team sponsorships and regulation of social media advertising were among its suggestions.
But Keystone Law partner Richard Williams tells iGB that some of the actions on advertising requested by the committee are already covered by CAP/BCAP Codes on gambling advertising. These include requirements that gambling adverts must not have a strong appeal to children or young persons, as well as the regulating of social media advertising.
Commission and trade emphasise current responsibilities
The Gambling Commission noted in a statement to iGB that all marketing of gambling products already must be undertaken in a socially responsible manner.
“The codes have particular regard to the need to protect children, young persons and other vulnerable persons from being harmed or exploited,” a commission spokesperson said.
“We work closely with the Advertising Standards Authority and, if gambling firms break those rules, we can take tough action, including fining the offending firm.”
Gambling operators are also currently required to prominently promote safer gambling tools and provide help for people suffering the effects of problem gambling.
A spokesperson for the Betting and Gaming Council (BGC) tells iGB its members’ advertising must already comply with strict guidelines and safer gambling messaging.
It also stated the previous government’s research had not established a clear link between exposure to advertising and the development of problem gambling.
“BGC members already commit 20% of TV, radio and digital advertising to safer gambling messaging. In addition, the ‘whistle to whistle’ ban, voluntarily introduced by industry, means ads cannot be shown from five minutes before a live sporting event until five minutes after it ends, before the 9pm watershed,” BGC says.
Health and social care committee panel meeting
The letter from the committee follows an evidence session held on 2 April, which included panel sessions with the Gambling Commission and researchers in the field of gambling harm.
In one of the panels, the researchers suggested the government should focus on greater restrictions and protection on land-based slots and casino games.
The panel consisted of Sam Chamberlain, professor of psychiatry, University of Southampton; Heather Wardle, professor of gambling research and policy, University of Glasgow; and Lucy Hubber, director of Public Health Nottingham.
“We think gambling is normalised because we see it so much in the advertising, but when you actually look at the [Gambling Commission] data, only 16% of the population have bet on sports in the past year. It is actually a minority behaviour, yet we feel it’s a majority behaviour,” Wardle told the select committee.
The committee has asked the health department to consider limiting the “frequency” of promotions and incentives coming from operators.
The research panel also expressed concerns about the sector’s influence on research funded by the statutory levy.
Additionally, it has called on the Levy Advisory Group to publish an annual report that evaluates the levy’s effectiveness.
Williams says the levy is already putting pressure on operators and has yet to have its funds properly implemented.
“Following on from the introduction of the levy, which will require the gambling industry to find another £40m-50m by 2027 to prevent and treat harms caused by gambling, this continued pressure for more and more restrictions will not be welcomed by the industry, particularly as the funds raised by the £100m levy have not yet been put into practice to address gambling harm,” Williams tells iGB.
Raising awareness
The MPs’ letter also raised concerns around a lack of public awareness around gambling harms.
Its committee received evidence from Liz and Charles Ritchie from the organisation Gambling with Lives. The Ritchies, who lost their son Jack in 2017, expressed their view that people know of the harm of smoking but lack the same gambling awareness.
The committee called on the OHID to launch a public information campaign that focuses on the risks associated with gambling.
“This should cover all the possible harms associated with gambling, include gambling-related suicides. We also recommend that this campaign have dedicated communications targeted at those who participate in gaming, given the risk of gambling-related content in this medium,” the letter said.
Regulus Partners Waugh states: “The OHID already sees gambling as – in their own words – the ‘new tobacco’.”
“OHID needs little persuading to take a hard line against gambling – but it seems unsure of whether its mandate extends to new legislation to (for example) ban or restrict advertising. OHID is likely therefore to focus on hard-hitting public awareness campaigns.”