CAP widens the UK ad rules to cover organic posts by licensed gambling brands

The UK’s Committee of Advertising Practice (CAP) has expanded the scope of the CAP Code so that certain non‑paid‑for online marketing aimed at UK consumers is now within scope. In practical terms, the extension announced on and in effect from 1 September is designed to capture “organic” social media posts by gambling brands that hold a licence from the Gambling Commission, even if those brands don’t have a UK‑registered company address.

What’s changed?

Before the update, non‑paid‑for posts on a brand’s own channels only fell under the CAP Code if the marketer had a UK‑registered address, or the content was on a ".uk" website. Paid adverts targeting the UK were already covered.

Now, non‑paid‑for posts also fall under the CAP Code where the marketer is subject to a UK licensing condition that requires compliance with the CAP Code, even if the business is registered outside the UK.

Who is affected?

Licensed gambling operators who target UK consumers with “organic” content on their own social media channels (for example, posts promoting odds, bonuses or events) are in scope, regardless of where the company is registered.

CAP says it does not currently expect this change to affect other sectors. However, the principle could apply to any advertiser that is required by a UK public authority or public body, through licensing conditions, to comply with the CAP Code.

Why this has been introduced

Many gambling operators serving UK customers are based outside the UK. The Gambling Commission’s licence conditions already require them to follow the CAP and BCAP codes. This update lets the ASA apply the same standards to non‑paid‑for posts by all licensed operators, wherever they are based.

The update also closes a gap so that UK consumers get the same protections whether a gambling post is paid or “organic”.

What’s in scope?

Non‑paid‑for online marketing communications in a brand’s own space (for example, posts on its own social profiles or other online channels it controls) that are targeted at UK consumers and published by a marketer who is required by a UK public authority or body to comply with the CAP Code (for example, a Gambling Commission licensee) are in scope.

The following are also still covered (that is, there is no change): paid‑for marketing targeting UK consumers, content on ".uk" websites and non‑paid‑for content by UK‑registered marketers.

This change is not extended to other sectors with no such licensing condition. CAP says it is not aware of other categories being brought in by this change at this time.

Osborne Clarke comment

We would suggest that gambling brands and their agencies take the following practical steps as a result of this CAP Code update:

• Map your “organic” channels. Identify all owned social and online spaces used to promote UK‑facing offers or products.
• Apply the ad rules consistently. Treat organic promotional posts like ads. Ensure age‑gating, audience restrictions and content rules for gambling are built into your workflows.
• Tighten approvals. Pre‑clear claims (for example, odds, “risk‑free” and bonuses) and include prominent, legible terms and significant conditions.
• Train teams and partners. Make sure social, customer relationship management, public relations and creator partners understand that these organic posts are within the CAP Code.
• Keep records. Retain evidence to substantiate claims and document targeting controls.