A single complaint was made regarding an Instagram story post by reality television star Sam Gowland on 2 June this year. In the post, Gowland promoted Thebettingman, stating that it was a reliable way to make money. He mentioned that by paying £25, followers would gain access to a VIP group with betting tips. Gowland also shared his personal success, claiming to have earned £450 over the weekend and over £1,000 for the week. He stated that it was the best second source of income he had ever had, using the example of buying a new car with the money. He also encouraged followers to join the VIP service to witness the profits themselves.
The complaint suggested that the post was not marked as a marketing communication and was irresponsible for implying that using tipsters could guarantee financial security. Additionally, it was pointed out that using an individual under the age of 25 to promote a gambling advice service violated British regulations. At the time of the post, Gowland was aged 24.
In response to the complaint, TBM Enterprises, the company behind the tipping service, claimed they did not ask Gowland to make the post. However, they acknowledged that the post should have included the ‘ad’ label and the hashtags #18+ and #gambleresponsibly. Gowland admitted that the post was a promotional one and stated that he would label any similar communication with the identifier ‘#ad’ after reading the ASA’s guidance.
The ASA upheld all three parts of the complaint. They concluded that the post did not clearly indicate it was a marketing communication and lacked the necessary ad identifier. Therefore, it breached CAP Code Rules 2.1 and 2.3 regarding recognition of marketing communications.
The ASA further assessed whether the post was irresponsible in suggesting that using the tipster service could lead to financial security. Although the service itself was not gambling, it facilitated gambling. The claims made in the post, such as the amount of money Gowland had made, implied that large sums could be won regularly. The ASA deemed this irresponsible and a breach of CAP Code rule 1.3, which relates to social responsibility.
Regarding Gowland’s age, the ASA considered featuring him, being 24 at the time, in the post promoting Thebettingman as irresponsible. As the main purpose of the service was to facilitate gambling, this violated CAP Code rule 1.3 on social responsibility.
In conclusion, the ASA ruled that the advert must be removed in its current form. TBM Enterprises, Thebettingman, and Gowland are required to ensure that any future ads are clearly recognized as marketing communications. The ASA also stated that the ad must not suggest that using betting tipsters guarantees financial security and must not feature individuals under the age of 25 to promote the tipster service.
