AUSTRALIA Law and Practice Contributed by: Jamie Nettleton, Samuel Gauci and James Dommett, Addisons
Generally, gambling advertising will be prohibited or considered unlawful if, among other things, the adver- tisement: • encourages a breach of the law; • depicts or targets persons under the age of 18; • misrepresents the likelihood of winning; • relates to a gambling service that is unlawful; • does not include the requisite responsible gam- bling messages; • represents gambling as a means of financial better- ment; and/or • depicts the consumption of alcohol. Further advertising restrictions are imposed on wager- ing operators in respect of, among others: • the offering of inducements to participate in wager- ing activities or to open a betting account; • the advertising of live odds during sporting events; and/or • the promotion of gambling services on television and radio during peak times. Land-based operators are also required to dis- play responsible gambling messages. However, the requirements around the display of such messages vary significantly from one jurisdiction to another. Online Gambling The aforementioned restrictions also apply to online gambling operators. However, further advertising restrictions are imposed on online wagering opera- tors by means of the NCPF, particularly through the consistent gambling messaging requirements. Online wagering operators are required to utilise pre- scribed responsible gambling taglines in the adver- tising of their online wagering services, and on their websites and apps. The taglines that the online wagering operators must publish are as follows. • “Chances are you’re about to lose”. • “Think. Is this a bet you really want to place?” • “What’s gambling really costing you?”
• “What are you prepared to lose today? Set a deposit limit”. • “Imagine what you could be buying instead”. • “You win some. You lose more”. • “What are you really gambling with?”The taglines to be used differ depending on the platform used for the advertising. The taglines must be rotated equally over a 12-month period. The taglines must also include a call to action, which differs depending on the platform used and the dura- tion of the advertisement. The shortest call to action is “Set a deposit limit”, and the full call to action is “For free and confidential support call 1800 858 858 or visit gamblinghelponline.org.au”. There are various requirements relating to the taglines prescribed and the call to action that online wagering operators must consider when advertising, including the: • colours to be used for the tagline and call to action; • size and font to be used; • length of the message to be displayed; and • speed at which the tagline and the call to action are read. Pure branding (ie, the display of a logo) is not usu- ally considered advertising, but this will depend on context. The South Australian Authorised Betting Operations Gambling Code of Practice came into effect on 31 March 2023. The Code of Practice applies to all South Australian licensed bookmakers, and to registered interstate betting operators. It contains a broader range of requirements relating to inducements and the manner in which they can be advertised. Operators are also required to keep a copy of their advertising material for 12 months following the conclusion of the campaign. 9.5 Sanctions/Penalties The sanctions and penalties that apply with regard to breaches of advertising restrictions vary significantly depending on the laws of the relevant jurisdiction and the nature of the contravention.
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