Gambling advertising is heavily regulated in Australia through a combination of federal and state/territory policies as well as targeted rules for wagering. The laws surrounding live broadcasts of sporting events are especially aimed at reducing problem gambling.
Overlapping Regulations for Advertising of Gambling
All advertising in Australia is subject to the Australian Association of National Advertisers Code of Ethics (AANA). Under these standards, which apply to online, in-app, and social media advertising as well as broadcast and streaming, companies must avoid marketing that is “contrary to prevailing community standards on health and safety.”
The AANA has a Community Panel which enforces the Code of Ethic’s standards. These experts cannot review how often an ad is shown or where it is placed. But the Panel enforces its rules against any material it deems against community standards, such as gambling ads targeted at children or problem wagerers.
In addition to the AANA’s general Code of Ethics, there is a specific gambling code known as the Wagering Advertising & Marketing Communication Code. Since being created in 2016, the AANA’s Wagering Code reinforced standards by ensuring gambling advertisements operate with social responsibility.
The Interactive Gambling Act 2001
On top of industry promulgated regulatory codes, the main federal law regarding gambling advertising laws in Australia is the Interactive Gambling Act 2001. Under this law, it can be illegal to provide some gambling services to anyone located in Australia.
The Act also provides a complaint process for individuals or organisations to report wagering companies that may have violated Australia’s gambling laws. Additionally, each state and territory has its own regulatory codes and complaint process that require compliance for gambling advertising materials.
Sports Betting Specific Codes in Australia
Finally, Australia has a national Broadcast Industry Code that prohibits promoting gambling materials or odds before, during, or after live sporting events. Any gambling solicitations included in a telecast or radio program must be clearly labelled and identified as promoting betting. Since 2018, broadcasting live betting-odds and having commentators discuss odds or gambling-adjacent narratives is banned.
The ban applies to all live sporting events broadcast between 5:00 a.m. and 8:30 p.m. The same rules apply five minutes before the event as well as after its conclusion.
The Broadcast Industry Code regulates all Free TV, Subscription Television, and Commercial Radio broadcasts in Australia. Stations and affiliates can lose their broadcast licenses if they run afoul of the Code.
