It has been an incredible year for sports fans across the UK – a record-breaking Winter Olympics for Team GB in Italy, the highs and lows of the FIFA World Cup, an unprecedented rain-free Wimbledon, and the 23rd Commonwealth Games – giving the opportunity to capture not only the attention of millions of sports fans, but also the attention of regulators. 

Sports and gambling have gone hand in hand for centuries and, in 2025 alone, the UK gambling industry generated £16.8bn in revenue, making it one of Europe’s leading gambling markets. 

With gambling being a predominantly consumer-facing business, it goes without saying that it is also a very heavily regulated industry, and this includes the regulation of gambling ads. 

The legislative and regulatory framework 

The Gambling Act 2005 permits the advertising of gambling subject to compliance with the operator’s gambling licence and applicable law. It is a condition of an operator’s licence that they comply with the UK Code of Broadcast Advertising (BCAP Code) and the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code).

The CAP and BCAP Codes have specific sections which look at gambling (which includes, for example, gaming and betting), and are designed to ensure that marketing communications for gambling are socially responsible, with particular regard to the need to protect children, young persons and other vulnerable persons from being harmed or exploited. 

CAP Code Rule 16.3.12 and BCAP Code 17.4.5

The Ad Codes provide that gambling ads must not be likely to be of strong appeal to children or young persons, especially by reflecting or being associated with youth culture. They must not include a person or character whose example is likely to be followed by those aged under 18 years old or who has a strong appeal to those aged under 18. The rules do not prevent the advertising of gambling products associated with activities that are themselves of strong appeal to under 18s, subject to appropriate steps having been taken to limit the potential for an ad to appeal strongly to under 18s.  

The ‘strong’ appeal test

The Advertising Standards Authority (ASA), the UK’s independent regulator of advertising, refers to B/CAP’s Guidance which explains that the ‘strong’ appeal test is, to an extent, subjective, and requires consideration of factors, such as, whether the ad includes popular personalities who are likely to influence under 18s or creative techniques like music, graphics and animation styles closely connected to youth culture. 

In enforcing the Ad Codes, the ASA will apply the ‘strong’ appeal test, assessing both specific pieces of ad content and the general impression given by the ad in context. However, where an activity or event is acknowledged to have ‘strong’ appeal to under 18s, it may be exempted from the restrictions. 

Key ASA rulings

Betway Ltd – Sir Lewis Hamilton (3 December 2025)

The ad featured a video of three F1 drivers standing in the grandstand watching a race, taken from behind, with two Union Jack flags shown either side of the drivers. The middle driver wore a red uniform with the name “HAMILTON” across the back. The other two drivers were wearing uniforms without names. The video included the Betway logo which was present throughout. The complainant challenged the ad on the basis it included an individual who was likely to be of strong appeal to under 18s.

The advertiser did not dispute that Hamilton was likely to be of strong appeal to under 18s, however, they said the way he was presented in the ad would have limited any appeal. They referenced the CAP Guidance which stated that individuals with a significant under 18 following on social media were deemed high risk, and that sportspeople in adult oriented sports were categorised as moderate risk. Betway also noted that personalities were to be assessed on the basis of their profile and relevance outside the context of the ad, and their appearance and behaviour in the ad. 

The image was intended to represent Hamilton, but did not include his face, therefore the advertiser considered that the reference to him limited the appeal to under 18s. The ad included control settings which sought to target users aged over 25 years and, overall, the smallest age group to engage with the ad was 25 – 34 year-olds (0.75% engagement). 

The ASA stated that, in the absence of a more detailed breakdown showing the number of under-18 UK followers, advertisers should consider that a high total of followers could indicate that a personality may have a high number of under-18 followers.

It also considered that consumers, including those aged under 18, would have clearly recognised the figure as being Sir Lewis Hamilton, and therefore considered that the ad had included him, despite his face not being visible. 

The ASA ruled the ad breached rule 16.3.12 because it considered Hamilton to be a notable star within the sport, with a significant public profile and social media following, and therefore would have a strong appeal to under 18s. 

Midnight – Son Heung-Min (26 November 2025) and Trent Alexander-Arnold (17 September 2025) 

The ASA upheld two separate complaints made against ads featuring Son Heung-Min and Trent Alexander-Arnold who, at the time of publication, played for Tottenham Hotspur and Liverpool, respectively. Both ads appeared on the advertiser’s social media. Midnight did not dispute that Son Heung-Min, as a player in the Premier League and the South Korea national football team, would appeal to under 18s. However, it argued its social media feed was editorial rather than advertising. This was rejected because the CAP Code covers marketing communications in non-paid-for space online under the advertiser’s control.

The ASA assessed the likely appeal of Trent Alexander-Arnold to those under 18 and ruled that as a ‘star’ player, who also played for the England national football team, he would have strong appeal to those under 18. The fact that the image was AI generated didn’t stop the ad being in breach because the rule includes 'characters' in addition to people.

In both cases, the ASA considered that it would have been acceptable for gambling ads which featured individuals likely to be of strong appeal to children to appear in a medium where those aged under 18 could have been entirely excluded from the audience. This would apply in circumstances where those who saw the ad had been robustly age-verified as being 18 or older. However, at the time the ad appeared, X relied on users to self-verify their ages on sign up and therefore lacked the robustness required for this exemption. 

The ASA has stated publicly that topflight footballers and footballers with a considerable following among under 18s on social media are likely to be high risk.

Betway Ltd – Thierry Henry (27 May 2026)

The ASA did not uphold a complaint made against Betway for an Instagram post, seen in November 2025, featuring an image of Thierry Henry and text stating "For the first time in a long time, I can see this team winning the league – not just as an arsenal fan, but as a football fan and an analyst […]”. The image included the Betway logo, the text “bet the responsible way”, an 18+ symbol, and the begambleaware.org logo.

The ASA assessed whether Henry, a retired footballer and prolific goal scorer, was likely to be of strong appeal to under 18s in the UK. He had played for Arsenal in the Premier League, and the French national team, including winning the 1998 FIFA World Cup. The ASA acknowledged that, while Henry had received the Lifetime Achievement award at BBC Sports Personality of the Year as recently as 2025, he had not played professionally for over 10 years. With the exception of a short loan to Arsenal in 2012, Henry had left the Premier League in 2007. The ASA therefore considered that he would not have been of strong appeal to under 18s because of his career as a footballer at the time the ad was seen, and he was more likely to be recognised as a TV sports pundit.

CAP Guidance states that retired footballers who have moved into punditry/commentary are considered as 'moderate risk' and will be assessed on the basis of their social and other media profile. The ASA did not consider that Henry’s social-media profile at the time was likely to indicate that he was of strong appeal to under 18s. 

The ASA’s FIFA World Cup warning 

On 4 June, the ASA published an Enforcement Notice: Gambling ads with strong appeal to under 18s, directing advertisers to recent rulings by the ASA in this area. The notice, which was served immediately before the 2026 FIFA World Cup, made clear that the ASA would conduct proactive monitoring and carry out enforcement action from Thursday 11 June. 

The Enforcement Notice stated that visual elements that are likely to be of strong appeal to under 18s and therefore in breach of rule 16.3.12 include: 

• Current Premier League footballers or UK footballers who play for top European clubs. 
• Current England national football team players. 
• ‘Star’ football players for other national teams. 
• Logos of high profile football teams or a national team logo.
• Retired ‘players-cum-pundits’, when their wider work and social media profile indicate they have a significant number of under 18 followers. 
• Notable 'star' sportspeople. 

Key considerations for advertising and marketing teams 

In light of the ASA’s recent rulings and guidance on gambling ads, advertising and marketing teams should pay particular attention to what may bring their ads within scope of CAP Code rule 16.3.12, and BCAP Code rule 17.4.5 noting specifically that: 

• Prominent sportspeople are assumed to have strong appeal to under 18s.
• A high social media following creates a presumption of under 18 appeal, and advertisers should be ready to disprove this assumption by way of a detailed demographic breakdown of social media followers.
• Retired athletes are not automatically 'safe''.
• Indirect depictions including avatars do count.
• Platform age-verification matters.

Advertisers should also note that the ASA will assess both content and overall impression given by the ad, and is actively monitoring potential breaches of rule 16.3.12 online.