Games of chance linked to purchases were previously illegal but
are now permitted in Scotland, England and Wales under the Act.
The Act was designed to be extended to Northern Ireland by an
Order-In-Council, the ISP said, but this did not happen. Northern
Ireland's gambling is still regulated by the older Betting, Gaming,
Lotteries and Amusements (Northern Ireland) Order of 1985.
That law, it said, is basically the same as the law in the rest
of the UK before the new Act came into force. That law was the
reason that many competitions and offers were available without any
purchase being necessary. The new law allows entry to be
purchase-dependent, as long as it is at the 'normal' selling
price.
The OUT-LAW.COM guide to running a
competition under the new Act says:
The Gambling Act 2005 states
that 'payment' includes paying money (or money's worth) or paying
more for something to reflect the opportunity to enter the
competition. So someone who buys a packet of soap powder which
directs buyers to a website competition will be treated as paying
to enter that competition if the soap powder costs more than an
equivalent non-promotional packet. However if promotional and
non-promotional packs cost the same, there will be no payment. It
will therefore no longer be necessary to specify a "no purchase
necessary" alternative route where a product giving a right to
enter a competition is sold at its normal price.
Promotional games of chance linked to purchases, therefore,
cannot be undertaken in Northern Ireland, and the ISP has asked
Director of Public Prosecutions in Northern Ireland to ensure that
the companies behind UK promotions are not liable to prosecution
for such games.
"In its letter to [Northern Ireland DPP] Sir Alasdair Fraser,
Philip Circus, the ISP’s Legal Affairs Director, makes the point
that the failure to extend the Act to Northern Ireland is
undermining the ability of British companies to promote in Northern
Ireland as well as being bad news for Northern Ireland consumers
who are being increasingly excluded from U.K. promotions," said the
ISP in a statement.
"It is absurd that promotions which are legal in Great Britain
can result in a prosecution in Northern Ireland," said Circus.
