ASA Bans Socially Irresponsible SkillOnNet Ads Despite Prior Removal

The UK’s Advertising Standards Authority has upheld a complaint against SkillOnNet, despite the fact the ad in question had already been removed, deeming the operator had encouraged socially irresponsible gambling behaviour.

The ad was for SkillOnNet’s GeckoPlay brand, which was a paid-for Instagram post seen on February 1 this year. The ad featured a stand-up comedian performing a set on stage, where the comedian 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.”

Socially irresponsible

Two complainants challenged whether the ad encouraged gambling behaviour that was socially irresponsible. In its defence, SkillOnNet, which is also a supplier, said the analogy between gambling and a snack was light-hearted, based on the variability and unpredictability of outcomes.

SkillOnNet removed the ad after accepting it could be interpreted differently, recognising it could be breaching the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code). After being notified of the complaint, SkillOnNet updated its internal marketing guidance.

ASA still had to make a decision

Despite this action being taken by SkillOnNet, the ASA still had to rule on the matter. The ASA said the analogy with eating pistachios sent the message that gambling is compulsive and it is an activity that is difficult to stop.

The ASA considered the reference to wanting a “good one even more” following a “bad one” was likely to be perceived as an implied reference to making further bets to secure a win after making gambling losses.

The ASA also considered the joke by the comedian was followed by audience laughter, which presented the message in a light-hearted way. The ASA decided this trivialised repeated gambling, including gambling again after a loss, as opposed to encouraging consumers to treat gambling decisions with appropriate caution.

The ASA said in its ruling:

“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 is not allowed to appear again in the form complained of. SkillOnNet has been told to ensure future ads do not portray, condone or encourage socially irresponsible gambling behaviour that could lead to financial, social or emotional harm. SkillOnNet’s ads cannot trivialise gambling or encourage frequent and repetitive participation.

A means to an end

In this instance, the ASA’s eventual decision is somewhat futile, as SkillOnNet had already decided to remove the ad after being notified the ASA had received complaints about it.

The ASA is self-regulatory, so its powers are limited to a degree, and it could not take further action than the one SkillOnNet had already taken, but banned advertisements can cause reputational damage for operators.

This is not the first time a SkillOnNet ad has been banned by the ASA. In May 2022, the ASA banned two SkillOnNet ads for its PlayOJO brand.

The ads referred to the running of a ‘Hot or Cold’ feature, detailing which games were proving the most and least profitable at the time. This was deemed to be indicating future success, and the ads were not allowed to be seen again in the form complained of.