Key Changes in the Draft Gambling Advertising Laws
The Australian federal government has released new details about its plan to restrict gambling advertising, aiming to protect children from exposure to the harms associated with gambling. However, critics argue that the proposed changes do not go far enough.
Under the draft laws, advertising before 8:30 pm during game play is already restricted. The new measures aim to limit TV ads to a maximum of three per hour before that time and restrict radio advertising around school pick-up and drop-off times. Despite these efforts, gambling ads could still be broadcast on television during half-time and weather delay breaks in the middle of sporting games after 8:30 pm.
Online and Social Media Restrictions
The bill also includes restrictions on online advertising for users under 18 years old. It requires social media platforms to develop an “opt-out” system for adults, allowing them to avoid seeing gambling advertisements. This move is intended to reduce the visibility of such content among younger audiences.
Sponsorship Bans and Existing Contracts
Gambling sponsorship on players’ uniforms or in stadiums is banned under the new rules. However, existing contracts will continue to be honored, which has raised concerns among some crossbenchers. They argue that this approach does not fully address the issue of linking gambling with sports.
Reactions from Crossbenchers
Independent Curtin MP Kate Chaney described the lack of a total advertising ban as “an all-too-predictable disappointment.” She emphasized that partial bans have been shown to be ineffective, and experts suggest that national regulation is essential to tackle the broader consequences of problem gambling.
Senator David Pocock from the ACT called the reforms “smoke and mirrors,” noting that only three of the 31 recommendations from the Murphy Report on gambling have been implemented. He highlighted that children will still be exposed to gambling advertising during live sporting games after 8:30 pm, including during half-time and unscheduled breaks.
New Details in the Draft Bill
The draft bill outlines several key changes:
- No wagering ads between 6 am and 8:30 pm during live sport, with the ban extending to five minutes either side of games and including all breaks.
- A night ban during play, but allowing ads during scheduled and unscheduled breaks such as half-time or rain delays.
- A maximum of three ads per 60-minute period per channel between 6 am and 8:30 pm.
- On radio, no wagering ads between 8 am and 9 am, as well as 3 pm and 4 pm on school days when children are more likely to be in the car.
Horse, harness, and greyhound racing are excluded from the definition of “sporting event,” along with broad exemptions for dedicated racing and wagering channels and websites.
Impact on Online Platforms
Online platforms must verify that users are over 18, require them to be logged in, provide an “opt-out” mechanism, and take reasonable steps to prevent underage or opted-out users from seeing ads. These restrictions are expected to significantly impact the sports podcast sector, particularly as many popular overseas programs integrate gambling advertising within their programs.
Spotify and Apple have not indicated if they would establish “opt-out” mechanisms, meaning the platforms might choose to remove Australian access to some sports podcasts entirely.
Grandfathering of Existing Contracts
Labor’s laws also ban wagering advertising on players’ uniforms, stadium signage, or during training sessions and press conferences. The government has flagged plans to grandfather existing contracts for uniforms and venue signage, but this mechanism is not yet in the draft bill.
Bookmakers would also not be allowed to use current or former athletes, celebrities, social media influencers, or other “notable persons” to promote betting products. The broadcast promotion of betting odds would be totally prohibited, with carve-outs for horse, harness, and greyhound racing, as well as dedicated wagering channels and programs.
Additional Measures
The draft also bans harmful or misleading ads that target children or depict them gambling. Banks will be required to stop outbound payments from Australian accounts going to offshore operators where reasonably practical. Internet service providers, app stores, and search engines must block access to illegal gambling services, while the regulator ACMA will gain powers to issue 24-hour removal notices for apps and links.
Labor will also tighten its BetStop regime, requiring people to actively reconfirm if they want to leave the gambling self-exclusion program and imposing a three-month minimum to anyone who initially opts in. Bookmakers are prohibited from contacting people on BetStop except where legally required, which under the new laws will include communication methods like apps and push notifications.
The bill also bans online keno and foreign lotteries.
