Advertisements of Instant Win game winners

William Boyle made this Freedom of Information request to Gambling Commission

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Dear Gambling Commission,

For scratch card games, and online scratch card games and games of scratch card nature (instant predetermined results), where the prize pool is limited, the knowledge of a jackpot winner is substantial. This is because this prize no longer available to future players.

When a winner of such a scratch card game becomes in the public domain, doesthe Gambling commission ensure that those selling such scratch card games, and their resellers, avoid false advertising by, for example but not limited to, slogans such as 'win up to £1, 000, 000'?

Likewise, does the Gambling commission take active steps, directly or through another party, in any way shape or form (including but limited to legislation, not monitoring, not enforcing or solicitation ) to prevent information about such scratch card games winnings getting into the public domain?

Yours faithfully,

William Boyle

Freedom of Information, Gambling Commission

Dear Sir/Madam

Thank you for your request for information which we are processing as a request under the Freedom of Information Act 2000.

We aim to deal with all requests promptly and in any event, no later than 20 working days in line with the statutory requirement. In this case 10/07/2020

For information on how we process your personal information please see our freedom of information request specific privacy notice on the Gambling Commission website

If you have any queries about this email, please contact us.

Kind regards

Freedom of Information Team
Gambling Commission
Victoria Square House
Victoria Square
Birmingham B2 4BP

This email and any files transmitted with it are intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please return it to the address it came from indicating that you are not the intended recipient and delete it from your system. Do not copy, distribute or take action based on this email. Freedom of Information requests can be submitted either by email ([email address]) or by writing to: FOI request Gambling Commission Victoria Square House Victoria Square Birmingham B2 4BP Please clearly state that your request is under the Freedom of Information Act.

Freedom of Information, Gambling Commission

Dear Sir/Madam

Thank you for your request regarding the Advertisements of Instant Win game winners by the National Lottery. This has been processed under the Freedom of Information Act 2000 (FOIA).

Section 21 of the FOIA provides that information is exempt where it is reasonably accessible elsewhere.

In line with the conditions of its Licence, the operator is required to employ a code of practice (the ‘code’) which is first approved by the Commission concerning the availability of top prizes for all Scratchcard Lotteries. This must first be approved by the Commission and must then be published on the operator’s website. The current version of the code can be accessed via https://www.national-lottery.co.uk/games... and details the various requirements regarding top prizes. The key, consistent elements of these requirements are that both printed and digital advertising must be amended once the final top prize in a game has been won.

Interactive Instant Win Games do not work in the same manner as Scratchcards, in that while a particular game is on sale, the chance of winning any prize shall remain the same for each ‘play’. Again, this is in line with the conditions of the operator’s Licence to run the National Lottery. Any messaging around top prizes will therefore remain accurate for the period for which a game remains on sale.

In relation to your final point where you have asked:

‘does the Gambling commission take active steps, directly or through another party, in any way shape or form (including but limited to legislation, not monitoring, not enforcing or solicitation ) to prevent information about such scratch card games winnings getting into the public domain?’ We require you to provide clarification as to the

In order for us to process this part of your request effectively, we require further information from you to enable us to identify and locate the information you have requested.

Could you please clarify what recorded information you’re looking for. As you will most likely be aware the FOIA can only be used to ask us to provide recorded information that we hold. It cannot be used to ask us for our views, opinions or matters that are not recorded.

Once you have clarified your request, we will be able to reconsider your request. If this clarification is not received within three months your request will be considered to have lapsed. Under section 1(3) of the Freedom of Information Act (FOIA), a public authority need not comply with a request unless any further information reasonably required to locate the information is supplied.

Kind regards

Review of the decision

If you are unhappy with the service you have received in relation to your Freedom of Information request and wish us to conduct a review of our decision, you should write to FOI Team, Gambling Commission, 4th floor, Victoria Square House, Victoria Square, Birmingham, B2 4BP or by reply to this email.

If you are not content with the outcome of our review, you may then apply directly to the Information Commissioner (ICO) for a decision. Generally, the ICO cannot make a decision unless you have already exhausted the review procedure provided by the Gambling Commission. The ICO can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

Freedom of Information Team
Gambling Commission
Victoria Square House
Victoria Square
Birmingham B2 4BP

This email and any files transmitted with it are intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please return it to the address it came from indicating that you are not the intended recipient and delete it from your system. Do not copy, distribute or take action based on this email. Freedom of Information requests can be submitted either by email ([email address]) or by writing to: FOI request Gambling Commission Victoria Square House Victoria Square Birmingham B2 4BP Please clearly state that your request is under the Freedom of Information Act.