ASA rules gambling ad broadcast on Radio X was not targeted at children

United Kingdom

Introduction

The Advertising Standards Authority (ASA) has ruled that an online casino ad heard on Chris Moyles’ Radio X show did not breach the UK Code of Broadcast Advertising (BCAP Code), despite the fact the ad was broadcast in the morning when children might be listening.

Background

PPB Entertainment Ltd t/a Betfair sought to advertise their Prize Pinball on Radio X, and the ad was broadcast during The Chris Moyles Show on Radio X, at approximately 8am on 3 September 2024. The complainant (who heard the ad via a smart speaker) suggested that the ad had been inappropriately scheduled, as it was broadcast at a time when children might hear it.

Betfair argued that Radio X was aimed at 25 to 44 year olds and, in particular, Chris Moyles is a person that is familiar to listeners from his Radio 1 career, which ended in 2012. They argued that this meant most listeners would be over 18. They also explained that they had obtained third party data, which suggested that 88% of the audience were indeed aged over 25.

In addition, both Betfair and Global explained that the ad had been programmatically targeted at listeners who were aged 25 and over, and was not broadcast on linear radio. This meant that any individual that heard the ad  would have been registered as being at least 25 years old.

The ruling

The ASA accepted that the ad could have been heard by under-18s, due to the nature of a smart speaker (which is usually played out loud in a house). Similarly, given the time the ad was broadcast, it’s feasible that children would be around the house, for example getting ready for school.

Therefore, the ASA said it was necessary to assess the RAJAR figures. These figures showed that 6% of the audience were under the age of 18 at the time the ad was broadcast. In addition, the ASA appreciated that around 88% of Radio X listeners were aged 25 or over. On that basis, the ASA concluded that there had not been a breach of the BCAP Code in respect of scheduling, and that the broadcaster had acted responsibly.