asked Her Majesty's Government:

Whether the Secretary of State's power to make regulations controlling the advertising of gambling under the Gambling Act 2005 extends to advertisements by tipsters.[HL6562]

Section 327(1)(a) of the Gambling Act 2005 provides that a person advertises gambling if,

“he does anything to encourage one or more persons to take advantage (whether directly or through an agent) of facilities for gambling”.

Consequently, while tipsters are not directly involved in gambling, there may be circumstances under which advertisements by tipsters could fall within the Act's definition of advertising, and therefore within the scope of any regulations made by the Secretary of State controlling the advertising of gambling.

The Secretary of State for Culture, Media and Sport intends to keep her regulation-making powers with regard to advertising in reserve for the time being, in favour of self-regulation by the advertising industry. The Advertising Standards Authority, in consultation with the Gambling Commission, is in the process of drawing up new advertising codes of practice, on which it will consult shortly. Advertising by tipsters will be subject to these codes, including general rules on misleading advertising.

My department is also in contact with the Independent Committee for the Supervision of Standards of Telephone Information Services (ICSTIS) and Trading Standards with regard to tipster services.