Skill On Net has been criticised by the Advertising Standards Authority (ASA) for a paid-for Instagram advertisement involving a stand-up comedian talking about pistachios.
An advert for the white label casino brand Gecko Play showcased the comedian, who was not named, performing a set on stage in which they said: “Gambling is really like eating pistachios, if you get a good pistachio, you want another good one, if you get a bad one, you want a good one even more,” receiving a laugh from the audience.
A GambleAware logo and an 18+ sign were featured at the bottom of the video, next to text which stated, “Gambling can be addictive please play responsibly” and #AD in the bottom right-hand corner.
The ASA stated that two complainants challenged whether the ad encouraged socially irresponsible gambling behaviour.
Skill On Net argued that the similarities made between gambling and pistachios were ‘intended as light-hearted, observational humour regarding the variability and unpredictability of outcomes’.
The operator added that the advert was not intended to ‘encourage persistent gambling, nor to suggest that individuals should continue gambling’ to recover from losses, nor did it refer to financial loss, increasing stakes, risk-free gambling or excessive participation.
However, accepting the impression that the advert could be interpreted differently and in breach of the CAP code, Skill On Net has removed the ad and updated internal marketing guidance following the complaint.
In response, the ASA said the advert does go against the CAP Code as it trivialised gambling again after a loss, rather than encouraging customers to gamble responsibly.
This conclusion was reached despite the presence of the GambleAware logo and the 18-plus small print, as the authority deemed these elements didn’t alter the advert’s overall impression, ‘which made light of continued gambling following both wins and losses’.
The ASA noted that the statement was likely understood by consumers as meaning that gambling was ‘compulsive and hard to stop’, while the reference to wanting a “good one even more” following a “bad one” was likely to be understood as an implied reference to making further bets to secure a win following losses.
The ASA continued: “We therefore considered the ad gave the impression that the decision to gamble, even in the face of losses, should be taken lightly and that it encouraged or condoned repetitive or frequent participation in gambling, including after losses. For that reason, we concluded that the ad was likely to encourage gambling behaviour that was harmful and therefore breached the Code.
“The ad breached CAP Code (Edition 12) rules 16.1, 16.3 and 16.3.1 (Gambling).”
The ASA has stated that the advert must not appear in the form complained of again and that future ads must not ‘portray, condone or encourage gambling behaviour that was socially irresponsible or could lead to financial, social or emotional harm’.
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