An on-demand TV advertisement from wagering company Betfair, a subsidiary of Crown Resorts Group, received complaints for "promoting" the "promise of winning in gambling".
The ad 'On Your Side' features a voice-over saying: "Betfair loves winning punters. We’re on your side this spring racing carnival. Offering expert tips, unique ways to bet, responsible gambling tools.
"When you win, we win. Join the Betfair community today. Experience the Betfair difference this spring. Betfair, on your side."
The complaint submitted to advertising watchdog Ad Standards relate to AANA Wagering Code\2.5 Promise of winning.
"The ad talked about the gambling company being ‘on your side’ with odds stacked in your favour," the complaint said.
"It promoted gambling in a way that did not outline the risks associated with gambling nor the odds being against you winning."
Betfair argued that the complaint should be dismissed because the phase "winning" does not suggest that winning will be a definite outcome of wagering due to its business model.
Betfair's business model operates as a betting exchange (known as the ‘Betfair betting exchange’) - an online platform that enables customers to bet against each other on an event at a known price they set. It operates in a manner resembling a stock market, in that customers can either back (i.e. buy) or lay (i.e. sell) an outcome on a racing, sporting or other event (e.g. Federal Election).
"The purpose of the campaign is to distinguish Betfair from corporate bookmakers by emphasising some of the aspects of its business model," a spokesperson from Betfair said.
"[Including] the fact that Betfair generates revenue via commission charged on a customer’s net winnings on a betting market, allowing Betfair to make the claim in the Advertisement that it is 'ON YOUR SIDE'.
"The Advertisement states clearly what will happen 'when' a punter wins. That is, in the circumstances where a punter wins, Betfair also wins in that it earns a commission.
"Equally, if the punter does not win, then Betfair does not earn a commission."
While the Ad Standards Panel considered that some viewers may interpret the ad as a wagering company appearing on the side of punters, the Panel dismissed the complaints due to the company's business model.
"The business model of Betfair is that the company takes a commission from winners (as well as the bet of losers) and that therefore it makes no difference to them if punters win or lose," the Panel stated.
"The phrase “when you win, we win” was not enough to suggest that winning would be a definite outcome of participating - noting that the word “if” rather than “when” [was used] to avoid any impression that winning is guaranteed."
Overall, the Panel found that the ad did not state or imply a promise of winning and determined that the advertisement did not breach Section 2.5 of the Wagering Code.
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