Australian regulator launches latest online gambling ad rules consultation

The Australian Communications and Media Authority (ACMA) has announced the launch of a second consultation concerning restrictions on online gambling advertising during the streaming of live sport.

This newest iteration of the proposed rules is designed to consider stakeholder comments received in an earlier consultation released in April. It follows publication of wide-ranging broadcasting code restrictions first implemented by the ACMA in March.

The rules implemented in March place restrictions on gambling advertising during any live sport broadcast between 5.00 am and 8.30 pm, which the ACMA refers to as a ‘safe zone’. In addition to this restriction window, promotion and advertising five minutes before, during ad breaks and five minutes after the event has finished is also prohibited.

Commentators on sporting events are not permitted to promote odds during a 30-minute window prior to the start of an event and 30 minutes after. These restrictions were initially put in place to cover commercial and subscription only TV and radio services operating in Australia.

Measures to include live streaming and internet only services under this ban have been under consideration since April but the ACMA has solicited opinions from industry sources to determine if these restrictions would harm the Australian gambling industry in the long term.

A central part of the rules rests on the extension of the ‘safe zone’ in operation across both traditional media such as TV and radio across all online platforms and social media.

Among the proposals included in this latest draft set of rules are enhanced flexibility for providers in notifying web users of the scheduled start of a sporting event, the removal of a requirement that providers of web services that provide online gambling advertisements during sporting events because of an exemption which allows them to do so should declare that exemption.

A new exception from possible rule breaches is included that provides for events beyond the control of a web service provider and the implementation of an extended 30-day implementation period before the new rules come into force.

In addition, if an online content service provider provides gambling promotional content on an online content service in conjunction with live coverage of a sporting event, as permitted by these rules, that content must conclude with a responsible gambling message.

Stakeholders have until the 26^th July to register their response to this latest consultation.