AUSTRALIA Trends and Developments Contributed by: Julian Hoskins, Daniel Lovecek, Bree Ryan and Alexander Norrish, Senet
rised as marketing (thereby making them subject to marketing restrictions). The ACMA has taken a number of high-profile enforcement actions against wagering operators for non-compliance with the BetStop requirements, which have included significant financial penalties and requiring entry into enforceable undertakings. Potential Advertising Restrictions for Online Wagering and Other Reforms – Update In June 2023, the Federal House of Representatives Standing Committee on Social Policy and Legal Affairs (the “Committee”) published its report on online gam- bling harm entitled “You Win Some You Lose More” (the “Report”). After receiving 160 submissions and holding 13 public hearings, the Committee made 31 recommendations, including: • the implementation of a single Commonwealth government minister dedicated to online gambling harm reduction; • the establishment of national regulation and a national online gambling regulator, with the sole purpose of gambling harm reduction and with responsibility for all licensing and regulation; • the disclosure of de-identified customer data on gambling participation and other metrics to the regulator, and to approved researchers, on a sys- tematic basis; • the imposition of a harm reduction levy on all online wagering service providers to support a national regulator; and • a phased ban on advertising for online gambling and a ban on all online gambling inducements and inducement advertising. The Australian government continues to face growing pressure to act on the Report, particularly regarding advertising reform. Despite initial momentum, a pro- posed compromise in August 2024 failed to gain inter- nal government consensus. Rather than implementing a full ban, the proposal aimed to restrict advertising on social media and internet platforms, limit TV ads dur- ing children’s viewing times, and further tighten rules around advertising and live sport. In January 2025, the government deferred any decision until after the May election, citing the need for further consultation. Offi-
cials have publicly argued that online wagering poses less harm than poker machines or lotteries, though these forms of gambling were outside the scope of the Committee’s work. Regulatory reforms will also have implications for a large number of stakehold- ers, including sporting codes that receive gambling- related product fees and media rights revenues, which may fluctuate depending on anticipated advertising income. Although the gambling advertising spend has fallen in recent times in response to public con- cern and economic pressures, it remains an important source of revenue for media organisations. The government now faces mounting pressure from multiple directions amidst criticism that it has been too slow to act. Intense lobbying continues from harm reduction advocates, wagering operators, broadcast- ers, sporting bodies and the racing industry. ACMA Update Minimising gambling harm has been an enduring pri- ority for the ACMA, and, with this, there has been a consistent focus in blocking offshore wagering ser- vices from operating in this jurisdiction and advertising to Australian customers. A regulatory focus on compli- ance with the Spam Act 2003 (Cth) (Spam Act), which regulates the distribution of commercial electronic messages, has also been seen. It was recently reported that since July 2024, the ACMA has investigated 1,377 enquiries and com- plaints, made 135 breach findings and referred 256 websites to internet service providers for blocking. Out of the 135 breach findings, 79 were found to be a prohibited interactive gambling service under the Interactive Gambling Act 2001 (Cth) (IGA), 48 were found to involve an unlicensed interactive gambling service under the IGA, and eight were found to include prohibited advertising under the IGA. Year on year, these figures are generally consistent and represent the ACMA’s continued effort to prioritise the disruption of illegal offshore wagering services from targeting Australian customers through their blocking powers. The ACMA has also advised that it will focus on influ- encers who promote illegal offshore gambling services or products, such as swap machines, to Australian audiences.
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