Why promoting Formula 1 is not child’s play
In a recent decision by the Advertising Standards Authority, a post by betting company Eaton Gate Gaming Ltd t/a Kwiff which featured Sir Lewis Hamilton was held to be irresponsible and breached the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (the “CAP Code”).
What is the CAP Code?
The CAP Code contains detailed rules and regulations in relation to non-broadcast advertisements, sales promotions and direct marketing communications. The CAP Code exists to supplement the law and provides a simpler, more efficient way of resolving disputes than by litigation. The Code is enforced by the Advertising Standards Authority which can take steps to remove or amend any advertisements that breach these rules.
The post, published on Kwiff’s X account on 14 July 2024, contained an image of Sir Lewis Hamilton, with a banner across the bottom of the image featuring an 18+ symbol and the BeGambleAware.org logo. The image was captioned “A potentially huge weekend for Sir Lewis Hamilton ahead of the British Grand Prix at Silverstone” and contained a link to an article on Kwiff’s website about the British Grand Prix.
The post was challenged by a researcher from the University of Bristol, who believed the inclusion of a photo of Sir Lewis Hamilton breached the CAP Code, as this was likely to be of strong appeal to those under the age of 18.
ASA Rules: children and young people
Under section 16.3.12 of the CAP code, any marketing communications in relation to gambling must not “be likely to be of strong appeal to children or young persons, especially by reflecting or being associated with youth culture”. Moreover, this section specifically states that any communications must not include “a person or character whose example is likely to be followed by those aged under 18 years or who has a strong appeal to those aged under 18”. However, where appropriate steps have been taken to limit the possibility of an advertisement appealing strongly to under-18s, advertisements of gambling products associated with activities that young people may enjoy, such as sports, is not prohibited.
Kwiff Response
In response to the complaint, Kwiff stated they believed the image used was reasonable, particularly in the context of advice published by CAP, which states that “motorsports and golf are more adult-oriented and unlikely to be of inherent ‘strong’ appeal”. Kwiff also cited the demographic data of their own social media following, which showed that 0 per cent of Kwiff’s followers on X were between 13 and 17 years old. Kwiff also stated they had not promoted the content, nor had they tagged Sir Lewis Hamilton, meaning there was a lower chance of the ad being seen my someone who did not follow the X account, even if they had searched for Sir Lewis Hamilton. They also provided demographic data for Sir Lewis Hamilton, highlighting that only 4 per cent of Sir Lewis Hamilton’s followers on Instagram were under the age of 18.
Moreover, Kwiff cited Sir Lewis Hamilton’s age, believing that, as an older driver, young audiences would find him less appealing when compared to younger Formula 1 drivers.
They also cited the following evidence in support of their advertisement:
- data from Nielsen Sports indicated that the median age of F1 fans was 32;
- Sir Lewis Hamilton’s current partnerships and sponsorships were with luxury brands, unlikely to appeal to those under 18;
- the Netflix Show “Drive to Survive”, in which Sir Lewis Hamilton features, has a 16+ age rating;
- the Esports series relating to the video game F1 24 had a minimum age of 16 years and the game itself, although age-rated as 3+, involved technical aspects of driving, which were not aimed at children.
Kwiff did recognise the celebrity status of Sir Lewis Hamilton and the number of merchandise and commercial products with which he is associated, but they stated they did not believe this was evidence of a disproportionate appeal to under-18s. They also recognised Sir Lewis won the British Grand Prix on 7 July 2024, the day after the post was made and advised they had reviewed their social media accounts and removed any content that displayed mainstream sportspeople.
Kwiff also highlighted that the post was an editorial commentary, rather than an advertisement for gambling, as it linked to a sports news blog, rather than directly to a webpage where consumers were able to gamble. Kwiff also believed the 18+ and BeGambleAware logos were there to ensure compliance with the CAP code, rather than being used as a signal of gambling.
Decision from the ASA
The ASA stated that the purpose of the post was to promote Kwiff and the gambling services they offer, as the post highlighted a prominent sports event and its participants, whose performances could be bet on by consumers. Although the link on the post only directed consumers to an article, this article contained betting odds on the race and contained links to Kwiff’s gambling site, where these bets could be placed. The ASA, therefore, considered the post was “directly connected with the supply of betting services and was an ad falling within the scope of the CAP Code”.
The ASA also noted Sir Lewis Hamilton was a household name in the UK and had been described on the Formula 1 website as a role model for young people. They considered Kwiff would have been aware of the possibility that Sir Lewis Hamilton would have strong appeal to those under-18 and stated that, based on Kwiff’s calculations, an estimate of 150,000 under-18s follow him on Instagram, stating that this figure would only be increased by additional followers on X and Facebook.
The ASA considered Sir Lewis Hamilton’s appearance on the F1 24 video game; in Sir Lewis Hamilton-branded children’s clothing by Mercedes; and Funko POP! Figurines, would increase his appeal to under-18s. They also noted his appearance as a storyteller on CBeebies Bedtime Story on 3 July 2024. The ASA determined Sir Lewis Hamilton had a strong appeal to under-18s and, therefore, the post breached rules 16.1, 16.3 and 16.3.12 of the CAP Code.
The ASA informed Kwiff the advert must not appear again in its current form and Kwiff cannot include a person or character with strong appeal to under-18s in itsadverts.
Key takeaways
This decision illustrates the importance of ensuring any posts by a company, whether intending to be advertisements or not, fall within the CAP Code, particularly in relation to betting companies.
- Businesses must tread carefully when using public figures to promote their business, as even adult-oriented sports figures can have a strong appeal to under-18s.
- Businesses cannot rely on social media age verification software as this does not sufficiently mitigate the risk of under-18s viewing any posts and does not absolve businesses of their responsibilities.
- Editorial or informational content can be considered an advertisement, when such content is tied to a brand’s services.
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