Since 1 September 2025, the Advertising Standards Authority (ASA) has imposed the same advertising rules on all online gambling operators, regardless of where they are registered. This change corrects a loophole that allowed certain problematic practices to escape.
A worrying regulatory loophole
For a long time, some dangerous gambling operators, although authorised to operate for UK consumers, were able to circumvent the rules of the CAP Code thanks to their registration outside the UK. In fact, the regulation of non-paying content (posts on social networks, non-sponsored websites, etc.) did not apply to them.
Since 1 September 2025, this anomaly no longer exists: all licensed operators must comply with the CAP Code, whether they are based in the UK or abroad, as soon as they address players in the UK, on media such as ‘.uk’ sites or via targeted advertising.
The change has been welcomed by Dr Raffaello Rossi, Professor of Marketing at the University of Bristol:
“We highlighted this massive loophole – that gambling brands could simply move their registered office abroad and thereby completely bypass UK social media advertising regulations – in several letters and meetings with the ASA over the past two years. This is an important – though long overdue – step for consumer protection and regulatory consistency.”
This loophole allowed giants such as Flutter Entertainment, Bet365 or Entain to potentially exploit advertising messages that would never have been accepted if they were sent from the UK.
What do the new obligations cover?
Operators must now ensure that all their communications, whether paid or unpaid, online or on their own platforms, comply with the CAP Code framework. The CAP Code imposes strict standards:
- To protect minors and vulnerable people from inciting or misleading messages.
- Avoid advertising that suggests gambling can solve financial problems or boost self-esteem.
This extension of jurisdiction concerns in particular publications on social networks, content on ‘.uk’ sites or any form of non-sponsored marketing aimed at the UK market.
“In practice, this extension brings into scope social media marketing posts from licensed gambling operators targeting UK consumers, regardless of where the operator is based. The change ensures that such ads are subject to the same rules and standards as those from UK-registered operators, supporting consumer protection and regulatory consistency,” said the ASA.
A look ahead: will regulation soon be universal?
For the time being, this extension applies only to gaming operators. The ASA specifies that it has no plans to extend the CAP Code to other regular commercial sectors apart from gambling. But this paves the way for a less fragmented, more homogeneous regulatory model. At a time when industries are becoming dematerialised, the stakes are clear: effective regulation must follow the audience, not the legal domicile.This reform marks a turning point: the ASA is closing a regulatory loophole that has been open to abuse for too long. British operators registered abroad will now have to review their advertising strategies, while consumers will benefit from greater clarity and better protection. This reform is necessary, urgent and long overdue. The time has come for a more responsible, more transparent and better regulated gambling market.