The first ad, viewed on an Android device, featured text that displayed live football scores. The page also featured the LiveScore Bet logo next to an on/off toggle. When the toggle was clicked, betting odds were displayed under each game. When these odds were clicked, users were taken to the LiveScore Bet app.
A second advert, seen on an IOS device, featured a page which displayed football team lineups and included a banner showing betting odds available on LiveScore Bet. Again, when clicked, this took users to the LiveScore Bet app.
The complainant understood the ads to have appeared in the under-18 version of the app. As such, they contacted the ASA to challenge whether they had been appropriately targeted.
In its initial response, LiveScore Bet sought to clarify that while it operates under the same umbrella group as LiveScore, they are separate and distinct products.
The brands chose to work together as they believed LiveScore’s audience demographic was predominantly adults. It was also stated that LiveScore implemented an age-gating tool that was a voluntary safeguard used to prevent adult content from being shown to under-18s. This would ensure odds and gambling content were only shown to users declared as over 18.
Upon investigating the first ad, LiveScore Bet carried out testing on the under-18 LiveScore Android app. However, it was unable to replicate instances of gambling content being shown. It was also unable to identify any technical issues that would have meant content was featured.
With the second advert, LiveScore Bet said a technical problem in a historic version of the app resulted in gambling content being displayed to users who had selected “under-18”. However, while odds were displayed, they did not link through to any further gambling content. It added that the current version of the app is now working correctly.
Despite these arguments, the ASA elected to uphold the complaint. Setting out its reasoning, it made reference to the CAP Code. This states marketing communications for gambling must not be directed at those aged younger than 18 years.
The ASA acknowledged the two different versions of the LiveScore app and measures taken to prevent users under 18 from viewing gambling content. It also noted Livescore Bet’s view that the majority of LiveScore app users were adults.
Running the rule over each advert, ASA took issue with Livescore Bet’s defence of the first ad and how it had not been able to replicate the ad appearing within the under-18 app. The ASA said it had seen the ad in the app and, therefore, was not appropriately targeted.
As for the second advert, the ASA acknowledged LiveScore Bet’s view that the ad had been displayed due to a technical problem. However, as the app was specifically designed for under-18s, it was also not appropriately targeted and therefore breach advertising rules.
Concluding its evaluation, the ASA said the ads must not appear in the under-18 version of the LiveScore app again. It also advised LiveScore Bet to ensure any future adverts were appropriately targeted.
Following the official ruling, LiveScore Bet has published another response, saying that it is “disappointed” with the decision.
LiveScore Bet maintained that despite “multiple waves of testing”, the first advert was never verified. It also reiterated the second ad appeared due to an “unknown bug”. The operator said this was confined to a single app release and impacted only a small number of users.
“Nothing is more important to us than the safety of our customers and LiveScore Bet is committed to responsible advertising practices,” LiveScore Bet said. “Given its audience demographics, the selection of LiveScore as a media partner is within the ASA’s threshold for publishers of gambling adverts and any exposure to gambling-related content was entirely unintentional.
“LiveScore Bet has nothing to gain from under-18s seeing our adverts, given that such an audience cannot use our products.”
The operator also noted the ASA’s description of the under-18 version of the app and its age-gating screen for UK users. It said this safeguarding measure has been running since November 2020 and it has not received any other complaints.
“Unlike many other sports media sites and news services, which display both live odds and gambling advertisements around their content to an audience including under-18s at all times, LiveScore’s implementation of an age-gating screen is an industry-leading, voluntary safeguard, which encourages under-18 users to remove adult-focused content from their LiveScore experience,” LiveScore Bet said.
It added that if LiveScore did not have age-gating in place, the complaint could not have been upheld.
“The age-gating safeguard goes beyond regulatory requirements and reflects LiveScore Bet’s and LiveScore’s commitment to responsible advertising,” the operator said.
“We’re disappointed by this ruling following a technical bug in this safeguarding, when the safeguarding itself brings about a net positive benefit to the experience for LiveScore’s general user base and is designed to align with the ASA’s principles on responsible advertising.
“Safeguards are used in good faith and, on rare occasions, malfunctions of those safeguards do not equate to disregarding the rules that make those safeguards required, which would understandably be a breach of the CAP Code.”
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