Gaming Realms’ X Factor brand escapes ASA reprimand

The ASA has quashed complaints that a Gaming Realms subsidiary’s radio ad appealed to children.

In May 2016 a radio ad for Bear Group Ltd’s casino brand X Factor Games featured The X Factor TV show theme tune, which complainants claimed to appeal to under 18s.

Complainants also reported to the ASA that the ads on Wave 105 and Absolute Radio 80s were broadcast during times that children might be listening.

Advertising rules dictate that gambling ads must not be advertised between children’s programmes.

However, the ASA determined that The X Factor theme tune and voice-over were generic features of the show and unlikely to appeal more to under-18s than adults.

It added that children were unlikely to be listening to the radio stations at the time in question, adding: “We understood that Absolute Radio 80s predominantly played music from the 1980s, while the Wave 105 breakfast and afternoon programming featured presenter-led news and entertainment.”

As a result, the ASA ruled the ad did not breach its standards.

Wiggin lawyer Sarah MacDonald said the investigation proved the importance of operators having data about the audiences they reached.

“This case demonstrates well the need for gambling advertisers to have accurate audience data for the channels in which the age-restricted advertising is included, especially when the media used is of more general appeal, and regardless of whether the ad itself is of particular appeal to under 18s,” MacDonald said.