ASA amends gambling advertising rules to close non-UK ‘loophole’

Summary

The UK Advertising Standards Authority (ASA) has extended the scope of the CAP Code so that, from 1 September 2025, gambling operators licenced to serve the UK must follow the same advertising and marketing rules regardless of where they are registered. The amendment brings non-paid-for communications—most notably social media posts—targeting UK consumers into scope even if the operator’s corporate address is outside the UK. The move closes a long-criticised loophole used by some operators registered in Gibraltar, Malta or other jurisdictions to avoid certain UK rules.

Key Points

From 1 September 2025 the CAP Code applies to UK-licenced gambling operators irrespective of their country of registration.
Non-paid-for marketing aimed at UK consumers, including social media posts, is now explicitly included under the CAP Code remit.
Rules cover communications on websites, apps, cross-border platforms and content on .uk domains; paid-for marketing targeting UK consumers is also within scope.
Major operators such as Flutter, Bet365 and Entain, which are registered outside the UK, will be affected.
The CAP has opened a three-month consultation window (until 1 December) to gather feedback before a formal review.
The ASA and the Gambling Commission say the change improves consumer protection and regulatory consistency; academics and campaigners have described it as an overdue fix.

Context and relevance

This amendment tackles a practical avoidance tactic: operators shifting registration overseas to sidestep UK advertising restrictions, especially on social channels. For compliance teams, marketers and affiliates, the change raises the need to review social media posts, organic content strategies and platform targeting to ensure CAP Code compliance. It also signals that UK regulators will prioritise enforcement across borders where UK consumers are targeted, increasing reputational and regulatory risk for non-compliant firms.

Author style

Punchy: This is a clear regulatory tightening with immediate commercial consequences. If you handle gambling marketing, social media or compliance, this isn’t abstract policy — it changes the playbook for UK-facing comms.

Why should I read this?

Because if you’re involved in gambling marketing, compliance or affiliate activity, this removes a convenient escape route some operators used. It means organic social posts, website copy and cross-border platform content aimed at UK players need checking — now. Read it to avoid fines, takedowns or damage to your brand.