Foxtel landed in hot water with ACMA after airing a gambling ad during an AFL match without a proper responsible gambling warning. Learn more about what the regulator had to say about using 18+ logos and more.
The Australian Communications and Media Authority (ACMA) is the independent statutory authority regulating broadcasting, telecommunications, radiocommunications, and online content, including online casinos and sports betting in Australia.
The ACMA operates under various laws, primarily the Broadcasting Services Act 1992, the Telecommunications Act 1997, and the Interactive Gambling Act 2001, and it has the following wide-ranging powers:
The regulator has the authority to investigate and block illegal gambling websites, issue fines, and take action against operators who breach the law. However, it does not regulate legal online betting services like licensed sports betting and lotteries, which are overseen by state and territory regulators.
The ACMA has issued a warning to Foxtel Cable Television Pty Limited for breaching gambling advertising regulations during a live broadcast of an Australian Football League (AFL) match between Port Adelaide and Essendon in April 2024.
An investigation found that during this broadcast, a virtual banner promoting a gambling operator was displayed without an adequate responsible gambling message, as required by Section 3.12 of Australia's Commercial Television Industry Code of Practice.
In response, Foxtel submitted that the advert was accompanied by a responsible gambling message because it included the display of an ‘18+’ responsible gambling advisory message contained in a white circle on the far right of the allegedly offending ad.
Foxtel argued that a ‘responsible gambling message’ is not defined in the code and that it does not have requirements regarding form, format, content, or display regarding what constitutes such a message.
The company argued that even with the limited space available on the banner advert and the ‘18+’ responsible gambling message placed to the right of the creative after the online casino name, the ad did comply with the code.
However, in a prompt reaction to the ACMA’s concerns and to remedy the perceived transgression, the broadcaster quickly added a responsible gambling tagline to the advertisement and committed to further staff training on regulatory requirements related to gambling advertisements.
The broadcaster will report back to the regulator on the steps it is taking to ensure future compliance with advertising standards.
ACMA Authority member Carolyn Lidgerwood emphasised the importance of responsible gambling messages, stating that they must highlight the potential harms and risks of gambling if not undertaken responsibly. She clarified that merely displaying an 18+ logo does not meet the responsible gambling messaging standard.
She added that if broadcasters air gambling ads during live sporting events, the appropriate responsible gambling message must also be aired, meaning that Foxtel breached “Clause 8” of Appendix A to the code.
Ms Lidgerwood went on to add:
“These messages must emphasise the potential harms and risks of gambling if it is not undertaken responsibly.”
The ACMA also noted that the 18+ graphic was smaller than any other letters contained in the banner and smaller than the “tick”, which formed part of the betting brand’s logo.
This incident follows a similar breach by Network 10, which was found to have aired online gambling advertisements at prohibited times during a broadcast of the Australian Formula 1 Grand Prix in February 2024.
The ACMA strictly regulates gambling advertisements across different platforms, focusing on minimising harm to vulnerable audiences, particularly children. It imposes several restrictions.
Key restrictions include:
The ACMA may fine, suspend, or revoke licenses of broadcasters and online gambling operators that violate these rules. It also collaborates with the Australian government to strengthen gambling ad regulations where necessary.
These recent actions by ACMA reflect its ongoing efforts to enforce strict advertising regulations concerning gambling-related content. For the industry to thrive, it is necessary to convey the message that gambling should be responsible entertainment and that broadcasters, advertisers, and licensed online gambling providers will be held accountable when contravening the rules.
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