Questions raised over UK regulator's advertising policy
Law firm Olswang says Gambling Commission has no grounds to prevent unlicensed operators from advertising in the UK
The UK Gambling Commission has “no clear legal justification” in preventing non-UK facing operators from advertising in the UK, according to law firm Olswang.
The comment comes after the regulator recently confirmed it would not be issuing ‘advertising only’ licences, meaning only those holding a UK operating licence are permitted to advertise in the UK when the new Point of Consumption regime comes into force on 1 October.
The measure could bring to an end marketing deals involving Asian-facing businesses which, despite not transacting with UK customers, partner with UK-based sports clubs and televised UK sporting events to market their products in Asian countries.
However, David Zeffman, leading gaming lawyer and partner at Olswang, has questioned the Commission’s stance on the issue and has called on the regulator to clarify the legal grounds for implementing such a policy.
According to Zeffman, the Commission’s remit is restricted to the recently updated Gambling Bill, which only gives the regulator influence over gambling operators that offer products within the UK market.
“The remit of the Gambling Commission is plainly limited to operators who offer facilities for remote gambling that are available to be used by customers in Great Britain and the advertising from such operators,” Zeffman said.
“What will be frustrating for the English Premier League clubs and other sports sponsored by Asian gambling operators that target Asian markets, as well as those operators themselves, is that the Gambling Commission appears to be deliberately deterring an important marketing channel and source of funding with no clear legal justification,” he added.
eGaming Review understands a number of foreign operators are considering their options with a potential challenge to the measure being muted while the possibility of using ‘green screens’ in stadia is also under consideration.
The Gambling Commission was unavailable to comment at time of publication.