In brief
- The Committee of Advertising Practice (CAP) has extended the UK advertising code to cover non-paid-for social media marketing by licensed gambling operators without UK-registered addresses.
- This brings social media posts by overseas gambling operators under the same regulatory oversight as UK-based operators, provided they hold UK gambling licences.
- CAP invites feedback until 1 December 2025 and is committed to reviewing the impact three months after implementation.
What the CAP Code extension means in practice
CAP has amended the CAP Code scope to include "non-paid-for marketing communications from or by marketers with a UK-registered company address and / or who are subject to licensing conditions requiring compliance with the CAP Code, which are imposed by either a UK public authority or UK public body".
This brings into scope content marketing targeted at UK consumers, posted by licensed gambling operators on their own social media channels, even if the operators do not have a UK-registered company address. Previously, the scope excluded non-paid marketing communications on cross-border platforms unless the marketer had a UK-registered company address.
While the Licence Conditions and Codes of Practice (LCCP) requires all operators licensed in the UK to comply with the CAP Code, the Gambling Commission rarely takes steps to enforce LCCP breaches relating to advertising regulations, leaving such enforcement to the Advertising Standards Authority (ASA). This amendment to the CAP Code effectively closes an enforcement loophole, meaning that the ASA can adjudicate alleged breaches of UK advertising rules by content marketing by those licensed operators located overseas.
The intention of the amendment is to support consistency in regulation and create a level playing field between UK-based and overseas operators targeting UK consumers.
Which gambling operators are affected?
The changes specifically affect gambling operators who:
- Hold UK gambling licences but are registered outside the UK
- Post marketing content on their own social media channels
- Target UK consumers through these communications
CAP has considered whether other categories of advertisers might be inadvertently affected and is not aware of any other categories that would be brought into scope.
Timeline and review process
The changes took effect on 1 September 2025. CAP is committed to reviewing the impact three months after implementation, recognising the extension is limited to a subset of non-paid social media ads by gambling operators.
CAP invites feedback from stakeholders throughout the review period about any aspect of the remit extension. Stakeholders can submit feedback until 5pm on Monday 1 December 2025.
How Mishcon de Reya can help
Our Betting and Gaming team can advise on compliance with the CAP Code. They help ensure marketing communications meet regulatory standards and provide guidance on responding to ASA investigations. If you have questions about the implications for your business, please contact our Betting and Gaming team.