Memorandum from ITV (DGB 73)
1. This submission represents the collective
interests of the 15 ITV regional licensees and their shareholders
(Carlton Communications, Channel Television, Granada plc, Scottish
Media Group and Ulster Television).
2. Following the valuable contribution that
pre-legislative scrutiny made to the passage of the Communications
Act, we welcome this opportunity to respond to your Committee
on the draft Gambling Bill. However, we note with concern that
the clauses of most relevance to ITV—those relating to the
advertising of gambling—have not yet been published and
may not be published before your Committee finishes taking evidence.
3. ITV entirely supports the proposal to
remove the existing restrictions on the advertising of betting
and gaming, subject to content controls [The Policy, Section 6.7].
It is now easier than ever for the public to access betting and
gaming services, whether in the high street, via the telephone
or on the internet. In addition, recent technological developments
in television allow viewers to participate via the TV screen through
digital interactive television, which the ITC has permitted broadcasters
both to launch and advertise.
4. It therefore seems anomalous that advertising
of betting and gaming is still prohibited on linear television,
especially since television advertising of bingo, lottery and
football pools is permitted.
5. Any relaxation of the current rules would,
of course, still be subject to the content provisions of Rule
12.6 of the ITC Advertising Code being met (which will be transferred
under Ofcom), which aim to protect minors and prevent excessive
gambling and which are fully supported by industry. Additionally,
the Gambling Commission will have the power to attach conditions
to licences focussing on the advertising of gambling products
[The Policy, Section 6.8].
6. We are however concerned by the proposal
for the Gambling Commission to issue Codes of Practice relating
to the advertising of gambling products [The Policy, Section 6.8].
Although there will no doubt need to be additional rules in the
Codes to regulate this new area of advertising, we are concerned
that giving the Gambling Commission such regulatory powers will
mean that broadcasters have to deal with two regulators overseeing
advertising in this area. Although it is logical that the Gambling
Commission should have the ability to revoke licences from operators
who are abusing their new right to advertise, it should be the
duty of Ofcom, via the Advertising Standards Code, to regulate
misleading advertising in this sector as in others.
7. Like all parts of industry, advertisers
and broadcasters favour certainty and consistency in regulation.
We do not feel it is helpful to entrust two separate regulators
with the task of overseeing television advertising of betting
and gaming products. The ITC has a very strong record in advertising
regulation and the ability fully to address specialist areas,
taking due and impartial advice as appropriate. We expect this
to continue under Ofcom, whether it publishes its own advertising
codes or contracts out this function to the proposed new self-regulatory
body for broadcast advertising based on the model of the Advertising
Standards Authority.
8. We would therefore urge the Joint Committee
to investigate as part of its inquiry whether an alternative model
could be created that avoids "double regulation" in
this area. Ideally we would want all gambling advertising regulation
dealt with by the advertising regulator, with the Gambling Commission
retaining sanctions over licensees and backstop powers.
December 2003
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