What is the co-regulatory scheme for prohibited internet gambling?
The co-regulatory scheme for prohibited internet gambling content builds on the existing internet content scheme by focussing on some of the risks of accessing gambling services on the internet. The scheme has two major components:
- the expansion of the ACMA's internet content complaints hotline to provide a means for addressing community concerns about prohibited internet gambling content; and
- the development of a code of practice by the internet industry that deals exclusively with designated internet gambling matters.
I want to make an enquiry
The Interactive Gambling Act 2001 (the IGA) makes it an offence to provide, or advertise, certain interactive gambling services. Information about the IGA, as well as information about the Commonwealth Government’s interactive gambling policy, is available from the Department of Broadband, Communications and the Digital Economy.
Legal advice in relation to whether a proposed service, or advertisement, may be prohibited under the IGA should be sought from an independent legal advisor.
The ACMA is responsible for investigating formal complaints made under the IGA in relation to prohibited internet gambling content. For enquiries regarding the ACMA role’s under the IGA, please email us at online@acma.gov.au or contact us at the address below:
The Content Assessment Hotline Manager
Australian Communications and Media Authority
GPO Box Q500 Queen Victoria Building NSW 1230
TEL: (02) 9334 7852
FAX: (02) 9334 7799
Who can make a complaint?
To make a complaint about internet content, you must be one of the following:
- an Australian resident; or
- a body corporate that carries on activities in Australia; or
- the Commonwealth, a State or a Territory.
What can I complain about?
You may complain to the ACMA about prohibited internet gambling content.
What is prohibited internet gambling content?
Prohibited internet gambling content is content that can be accessed, or is available for access, by customers of a prohibited internet gambling service.
A prohibited internet gambling service is a gambling service provided in the course of carrying on a business to customers using an internet carriage service, and an individual physically present in Australia is capable of becoming a customer of the service.
The IGA sets outs certain exclusions to prohibited internet gambling services. The following are not prohibited services:
- telephone betting services;
- excluded wagering services, including services relating to betting on one or a series of horse races, harness races, greyhound races, sporting events, or other events or contingencies, unless the bet is made after the beginning of the event;
- excluded gaming services, being services for the conduct of a game provided to customers who are in a public place;
- services that have a designated broadcasting or datacasting link, that is, services expressly and exclusively associated with a particular program or series of programs on a broadcasting or a datacasting service, where the sole purpose of the gambling service is to promote goods or services advertised on that service;
- certain options and futures contracts and agreements under the Corporations Law; and
- excluded lottery services.
How do I make a complaint?
To lodge a complaint please complete the online complaint form.
Alternatively, you may email your complaint to online@acma.gov.au or post/fax your complaint to:
The Content Assessment Hotline Manager
Australian Communications and Media Authority
GPO Box Q500 Queen Victoria Building NSW 1230
FAX: (02) 9334 7799
Please note that complaints about prohibited internet gambling content to the ACMA must be made in writing.
To help ensure that the ACMA can investigate your complaint, you must set out:
- the internet address of the internet gambling content and any other details required to access it; and
- a description of the internet gambling service.
What will the ACMA do?
The action taken by the ACMA in relation to prohibited internet gambling content depends on whether the content is hosted in Australia or overseas.
If prohibited internet gambling content is hosted in Australia, the ACMA will not investigate the complaint. Where the ACMA believes that such a complaint should be referred to an Australian police force, ACMA will refer the matter to the Australian Federal Police (AFP).
If prohibited internet gambling content is hosted outside Australia, the ACMA will notify the content to makers of the approved Family Friendly Filters listed in Schedule 1 to the Interactive Gambling Act Industry code.
The ACMA may refer a complaint about prohibited internet gambling content to the AFP where the ACMA believes that such a referral is appropriate (eg. the material is hosted in a country of interest to the AFP).
Regardless of the outcome, the ACMA will advise all people who lodge a complaint of the outcome of its investigation.