Gambling Key issues It sets certain minimum industry for advertising unlawful gambling by standards on socially responsible reason only of delivering, transmitting messaging, display of the operator’s or broadcasting a communication or licensed status, messaging on making data available if: broadcast media, restricting they act in the course of a television advertising to post- business of delivering, transmitting watershed and a ban on children’s or broadcasting communications merchandising as part of sports (in whatever form or by whatever sponsorship. means) or making data available, For more on gaming advertising, and see our Dealing with gamers section. the nature of the business is such Advertising unlawful gambling that persons undertaking it have no control over the nature or The GA goes a step further and content of the communications contains a specific offence to or data. advertise ‘unlawful gambling’ (section 330(1) GA): In considering whether an offence has been committed, the Commission gambling is ‘unlawful’ if, in order does take into account a number of for it to take place as advertised aggravating and mitigating factors, without the commission of an but there is currently limited case offence under the GA, it is or may law demonstrating how these be necessary to rely on a licence are applied. or exception under the GA, and/or invite another person under 18 Prize competitions and years of age to gamble (section lotteries 46 GA). Structuring prize competitions There is a narrow defence under Games often take the form of prize section 330(6) GA, which states that competitions or draws. Both carry a person does not commit an offence 143