A Sieve that Does Hold a Little Water – Gambling Advertising and Protection of the Vulnerable in the UK

29 Pages Posted: 26 Oct 2016 Last revised: 29 Oct 2016

See all articles by Julia Hörnle

Julia Hörnle

Queen Mary University of London, School of Law

Margaret Carran

City University London, The City Law School

Date Written: October 25, 2016

Abstract

This article reviews the regulation of gambling advertising and argues that the restrictions imposed by the largely self-regulatory system only have limited effect. We compare the regulation of gambling advertising, by way of analogy, to a sieve that does hold only a little water. The article analyses the law against the third statutory objective considering the existing research literature on the impact of advertising on problem gambling. The article points to gaps in the protection of children and vulnerable persons and argues that the law should focus more on them. It concludes that currently the law focuses too much on the communicative intent of the advertiser and not sufficiently on the impact of advertising on the vulnerable and the lack of regulation of the online space. It makes recommendations as to how the law in the UK should change.

Keywords: Advertising, Gambling, Media Regulation, Internet Regulation, Protection of Children and Vulnerable Persons, Advertising Codes, Self-Regulation

JEL Classification: K2

Suggested Citation

Hörnle, Julia and Carran, Margaret, A Sieve that Does Hold a Little Water – Gambling Advertising and Protection of the Vulnerable in the UK (October 25, 2016). Available at SSRN: https://ssrn.com/abstract=2858977 or http://dx.doi.org/10.2139/ssrn.2858977

Julia Hörnle (Contact Author)

Queen Mary University of London, School of Law ( email )

67-69 Lincoln’s Inn Fields
London, WC2A 3JB
United Kingdom

Margaret Carran

City University London, The City Law School ( email )

London, EC1V OHB
United Kingdom

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