Strengthening responsible gambling messaging in Australia

In 2018, the federal government of Australia, as well as the governments of each of Australia’s constituent states and territories, agreed to the implementation of uniform consumer protection laws for online wagering, known as the National Consumer Protection Framework (NCPF).

On gambling advertising, the NCPF called for the introduction of stronger laws around the offering and provision of gambling inducements, including inducements to open a wagering account, as well as the standardisation of the responsible gambling messaging required to be included in most gambling advertising. The inducement measure was largely implemented by all Australian jurisdictions by the end of 2019, although the rules across jurisdictions differ. Reforms into the responsible gambling messaging measure are due to come into effect on 30 March 2023.

Currently, the responsible gambling messaging requirements are inconsistent across Australian jurisdictions in relation to both the form (wording) and the circumstances where the message is required to be included. As a minimum, responsible gambling messaging must include the words “gamble responsibly” along with a link and phone number to the national gambling helpline.

The aim of the changes is to ensure that messaging to Australian customers, regardless of which jurisdiction they are located in, is consistent and effective. As a general rule, the responsible gambling messaging measure will require the use of several new taglines which must be rotated regularly and will replace the existing “gamble responsibly”. This is as a result of research which revealed the existing tagline, in most cases, had no effect on reducing problem gambling.

In relation to the inducement measure, new changes were introduced where the New South Wales regulator, Liquor and Gaming, is now permitted to issue penalty notices for gambling advertising breaches which include a fine.

Industry support

Gambling advertising laws are also currently being examined at the federal level by the Standing Committee on Social Policy and Legal Affairs. This inquiry is looking at the effectiveness of existing consumer protection measures aimed at reducing harm from online gambling, including the effectiveness of current gambling advertising restrictions on limiting children’s exposure to gambling products and services.

This is in addition to calls for a reduction in gambling advertising, including from Australian gambling giant Tabcorp (which has suggested, among other measures, an advertising blackout on gambling advertising on free-to-air TV between 6.30am and 8.30pm).

Stakeholders, including prominent Australian gambling operators, have also acknowledged this community interest. For example, in its submission to the inquiry, Sportsbet expressed support for a more consistent nationwide approach to the regulation of gambling inducements to reduce customer confusion and limit the likelihood of unintended contraventions by wagering operators or their partners. Similarly, PointsBet proposed that the objective of the reforms should be better regulation rather than more regulation, again highlighting the complexity with current gambling advertising regulation and dramatically differing rules across Australia.

Nevertheless, despite these submissions, there remains a risk that each state and territory will introduce differing regulatory restrictions relating to gambling advertising and will implement different enforcement measures.

Brodie Campbell    

Brodie Campbell is a solicitor in Addisons’ gambling law practice.

Jamie Nettleton   

Jamie Nettleton heads the gambling law practice of Addisons, both for Australia and internationally.