Video games are not just about fun, the global gaming market is estimated to be worth USD $217.06 billion (for perspective, the music industry was valued at $19.1 billion, while the movie industry was $41.7 billion). This means that standing out in a sector packed with competitors is not easy and video game advertising is filled with creative concepts. For example, see Riot Games Inc's League of Legends band “K/DA” and appearances from celebrities like Travis Scott in Epic Games' Fortnite. However, for every great campaign there are others which play fast and loose with the truth or employ dubious tactics and the Advertising Standards Authority (“ASA”) may have to step-in and load up the ‘Game Over’ screen. 

In this guide, we cover key issues that affect gaming adverts including:

• depictions of violence;
• issues with gender stereotypes;
• the protection of children; and
• ensuring that any costs in games are as transparent as a fleeing Pac Man ghost.

The goal of this guide is to help advertisers understand and follow the rules in the UK, making sure that the ASA doesn't cause you to faint and wake up at a Poké Center.

1. Hit the target – Targeting your ads appropriately is key.

TLDR

• Advertisers should ensure that video games aimed at adult audiences are targeted appropriately to avoid exposing younger audiences to mature themes. 
• Proper targeting significantly influences the assessment of an ad’s appropriateness, especially when it features scenes of violence or sexual imagery. 
• Past rulings have emphasized the importance of targeting adult audiences to avoid social irresponsibility.

Once dismissed as a pastime for kids, video games have now grown up and are played by adults worldwide. As a result, it is fundamental to ensure that video games are targeted appropriately to avoid exposing younger audiences to the mature themes that are often present in video games made for an adult market. 

Appropriate targeting is a key factor in determining whether an ad is within the ASA's rules. The ASA’s ruling in Square Enix Ltd is a good example of appropriate targeting. Here, the ASA held that an ad for the computer game “Hitman: Absolution” was appropriate despite containing scenes of graphic violence in which a man fought a group of women wearing sexually provocative clothing. While the ASA acknowledged that the complainant was right to suggest that this behaviour would likely appeal to teenage boys, the ASA held that the fact that the ad was uploaded to the advertiser’s age restricted YouTube channel and Facebook page meant that the ad had not targeted those under the age of 18. This was a key factor in finding that the advert was not socially irresponsible. Advertisers should note that this ruling is from 2012 and that in light of users self-age verification on digital platforms the ASA would now require advertisers to supplement a platform's age gating with filtering by interests as explored in this DLA Piper post and in the examples below -

• LC International Ltd (t/a Ladbrokes): The ASA examined a series of tweets promoting Ladbrokes, featuring Novak Djokovic. Despite concerns about appeal to under-18s, the ASA ruled in favour of Ladbrokes, citing their age-restricted channels as a measure of responsible targeting; and
• Em Rose: A public poster campaign for Em Rose, associated with OnlyFans, drew criticism for its sexualized nature and visibility to children. The ASA’s decision against the ad highlighted the importance of context and placement in untargeted media to avoid exposure to sensitive content.

These cases reinforce a fundamental principle that all ads that contain mature content must adhere to. Namely, that advertisers must navigate the complexities of social media with diligence, ensuring that their content is not only appropriate but also accurately targeted to safeguard against the risks of reaching a young or unintended audience. The rulings also reflect a broader commitment to responsible advertising, where the onus is on advertisers to utilise age verification mechanisms effectively and to understand the nuances of platform-specific targeting to maintain compliance and uphold ethical standards.

2. Clickbait never wins – Does your ad portray a fair reflection of the video game?

TLDR

• In-game footage showcased in ads must be derived directly from the game itself.
• Mere “cinematic representations” are insufficient; ads should reflect the actual gameplay experience.
• Disclaimers like “Not representative of actual gameplay” are typically inadequate.

Advertisers must ensure content of their ads mirrors the actual game to avoid misleading consumers. This means that any in-game footage showcased must be derived directly from the game itself, to ensure a true representation of the gameplay experience. 

Historical ASA rulings have reinforced this principle, indicating that mere ‘cinematic representations’ of a game’s themes are usually insufficient (AppQuantum Publishing Ltd). Moreover, disclaimers such as “Not representative of actual gameplay” are typically inadequate in rectifying misleading impressions. For instance, despite a marketer’s claim that an ad featured actual gameplay, the ASA concluded that the depicted scenes constituted only a minor fraction of the game’s totality, requiring players to navigate through substantial elements of gameplay that was not represented in the ad to reach those moments (PLR Worldwide Sales Ltd t/a Playrix).

A recent ruling exemplifying the above principles is the one involving Top Games Inc, where the ASA examined an ad for the mobile game “Evony: The King’s Return,” which was challenged for not accurately reflecting the game’s content. The ad depicted a fighter character interacting with numerically marked barrels, which Top Games Inc argued was indicative of the game’s puzzle-solving aspect. While the puzzle-solving aspect was a part of the game, it was ancillary to the game’s main storyline. The game had various other features that were significantly different to puzzle solving and a player who only completed the puzzles would not be able to progress through the storyline without engaging with all elements of the game. This led the ASA to conclude that the ad was likely to mislead consumers.

While there may be a place for on-screen disclaimers, these should be carefully worded and assessed on a case-by-case basis to ensure that the ad does not mislead.

3. Mature content sells, but the ASA isn’t buying. 

TLDR

• Ads portraying excessive violence or sexual content will be deemed non-compliant.
• Graphic violence likely to cause fear or distress to adults infringes the ASA's rules.
• Objectification and sexual violence in ads are also unacceptable.

Violence and sexual imagery have been a part of videogames since their conception (even if the pixels are more realistic now), balancing these against captivating gameplay. As noted above, ads portraying violence are more likely to be acceptable if they are targeted properly. Despite this, graphic violence may be considered likely to cause fear or distress to adults, and hence infringe the ASA's rules. For example, realistic imagery of torture, such as a gagged and crying woman (Eidos Interactive Ltd) and a corpse wrapped in barbed wire (Zenimax Europe Ltd) have been deemed as excessive in the past. 

Similarly, ads that feature objectification and sexual violence are also likely to suffer adverse rulings. For example, and advert that used a woman's breasts to “titillate the viewer” was deemed to be inappropriate as it (unsurprisingly) objectified women (GOAT Company Ltd, 19 May 2021). The ASA has also ruled against various ads that portray scenes of non-consensual sexual conduct, such as an ad featuring a woman stuck in a fence in a compromised position (OneSoft Studio). 

For further information about the ASA’s stance on ads featuring sexual imagery, you can also read DLA Piper’s article on sexual imagery in advertising here. The article discusses the delicate balance between using sexual imagery to attract attention and avoiding content that causes serious or widespread offence.

In short, advertisers should ensure that their ads do not glamorise or condone violence or inappropriate sexual imagery that may result in objectification. While mature content can be used in targeted ads, it should be done in a way which does is unlikely to cause fear or distress to viewers.

4. Loot boxes - A Roll of the Dice in Advertising

TLDR

• Loot boxes (randomized in-game purchases) require clear disclosure in ads.
• The presence of in-game purchasing, particularly loot boxes, is material information for consumers.
• Mention of in-game purchasing should include information about random-item purchasing.
• Highlighting in-game purchases is insufficient if loot boxes are included; real-world currency options matter.

The presence of loot boxes in videogames has become a focal point for the ASA’s scrutiny. These randomized in-game purchases have drawn attention due to their potential to mislead consumers, especially those vulnerable to gambling behaviours. 

A recent ASA ruling against Miniclip (UK) Ltd highlighted the importance of disclosing the presence of loot boxes in game advertisements. The game “8 Ball Pool” was advertised on Facebook with the tagline “PLAY FREE NOW”. However, the ASA upheld a complaint that the ad was misleading because it failed to explicitly mention that the game contained loot boxes, which are considered a form of random item purchasing.

ASA guidance states that the presence of in-game purchasing, particularly loot boxes, is material information for a consumer’s decision to purchase or download a game. Therefore, advertisers must ensure that any mention of in-game purchasing includes, or is immediately next to, information about random-item purchasing. 

The ASA’s ruling in Hutch Games Ltd also reinforces the above point. Here, the ASA noted that merely highlighting that in-game purchases are included in a game or app is not sufficient if loot boxes are included in the game. Additionally, the option to purchase loot boxes with earned in-game currency does not obviate this requirement if the loot boxes can also be purchased with real-world currency. In light of these rulings, advertisers should be mindful of the ASA’s expectations. Ads for games with loot boxes should clearly state this feature to avoid misleading consumers. Advertisers should also note that, in our experience following the ASA's rulings each week, there appears to be an ‘academic vigilante’ who reports non-compliant ‘loot box’ gaming to the ASA. You have been warned.

Thank you for reading the guide above which aims to highlighted some of the potential pitfalls advertisers can face when promoting their games. Of course, responses to any particular piece of content will always be fact specific, particularly when they involve the subjective issue of harm or offence. For advice on any of the issues identified in this post, contact Alex Lowe or Petros Nafpliotis of DLA Piper UK LLP.