The UK Advertising Standards Authority has upheld a complaint against Smart Gravity Ltd after a paid search advertisement for its casino-comparison website appeared in response to the query “help with gambling.” The regulator ruled that the ad was not responsibly targeted and breached the CAP Code’s social-responsibility rule.
The advertisement for top10onlinecasinoreviews.co.uk was seen on June 18. It promoted “UK’s Top 10 Casino Sites” and offered “Fast Signups & Mega Bonuses,” directing users to compare online casino and slots sites. The ASA published its ruling on Sept. 9 and ordered that the ad must not be served after the same search again.
Smart Gravity operates an affiliate website rather than providing gambling services itself. It said its campaigns targeted UK adults, promoted operators licensed by the UK Gambling Commission and were subject to regular audits, negative-keyword updates and internal monitoring.
The company said the ad had been delivered through Microsoft Advertising and that it investigated its keyword targeting, search-term data and compliance procedures after receiving the complaint. It said it did not intentionally target people seeking gambling support, self-exclusion services or other vulnerable users, and had no commercial interest in doing so.
Smart Gravity had supplied a negative keyword list intended to block searches linked to problem gambling, safer-gambling resources and gambling harm. But it also used exact, phrase and broad keyword matching. The ASA found that the broader settings could cause ads to appear for thematically related searches rather than only the selected terms, undermining the negative-keyword safeguards.
The regulator considered that a person searching for “help with gambling” was likely to be seeking guidance or support for gambling-related harm, and might be trying to limit exposure to gambling websites and advertisements. An ad promoting casino sites and bonuses was therefore inappropriate in that context, it said.
Although the site was an affiliate, the ASA concluded that its advertising had the effect of promoting online casino and gambling sites. Gambling advertisers must give particular regard to protecting vulnerable people from harm or exploitation, and the authority said marketers in this area needed “very robust controls” to prevent unsuitable targeting.
The ruling was made under CAP Code rule 1.3, which requires marketing communications to be prepared with responsibility to consumers and society. The ASA’s wider guidance says gambling advertising must be socially responsible and protect children, young people and other vulnerable people from harm or exploitation under rule 16.1.
A legal analysis by Wiggin said the decision turned on the audience reached and the context of the search, rather than solely on whether Smart Gravity directly offered gambling services. It also noted that the ASA did not find a breach of rule 16.3.1, concerning advertising that portrays, condones or encourages socially irresponsible gambling behaviour.
The analysis said the case was a warning that affiliates’ exclusions should cover related search concepts, not merely exact phrases, and that live campaigns require regular monitoring. It added that gambling operators cannot assume an affiliate’s conduct eliminates their own regulatory exposure, citing the Gambling Commission’s position that licensees remain responsible for the actions and omissions of affiliated marketers.
Smart Gravity has been told to ensure that its search advertising is responsibly targeted in future.
