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According to the ASA’s Code for gambling advertising, anyone who “was, or seemed to be, under 25 years of age” must not be depicted gambling or playing a significant role in advertisements.
The regulator concluded that the central figure’s youthful facial features, casual styling and excited demeanour gave the impression he was in his late teens or early twenties.
As such, the ad violated rule 16.3 of the CAP Code (Edition 12).
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The court also dismissed the equal-treatment argument, noting that gaming machines are taxed by the municipality while casino taxation falls to Hesse.
Wiesbaden’s tax, set under local statute, applies to expenditure on gaming machines, and the city said the higher rate was part of its response to strained finances.
The decision is not yet legally binding, with a further opportunity to appeal the denial of ‘leave to appeal’ open to the applicants. This will be reviewed by the Federal Administrative Court of Leipzig.
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Counsell took the helm in February 2025 following Marcus Boyle’s departure in January last year.
Evans, who chairs Stop Scams UK, an initiative she founded in 2019 to unite banks, technology companies and telecom providers to combat payment fraud, will assume the position on 30 September, commencing a five-year term.
The DCMS has said she brings extensive experience from her long-standing career in public protection and financial crime prevention.