The ACMA has published initial guidance for online content service providers on the new triple lock exception.
From 1 January 2027, online content service providers will be prohibited from providing wagering advertising content on their services. However, the prohibition will not apply if the online content service provider takes ‘reasonable steps’ to:
- prevent restricted users from accessing or receiving such content; and
- ensure that individuals receiving such content are doing so using a registered account in relation to the service; and
- ensure that individuals with a registered account may opt out of receiving such content.
This is referred to as the triple lock exception.
A restricted user is defined as an individual in Australia who:
- is under 18 years of age; or
- has not confirmed their age; or
- is not using a registered account in relation to the online content service (i.e. the individual must be logged-in); or
- has opted out from accessing or receiving wagering advertising content provided on the online content service whether through a provider’s opt-out mechanism or the register (once commenced).
The ACMA has produced this guidance to assist online content service providers that decide to provide wagering advertising on their services from 1 January 2027.
The guidance is designed to help providers identify the reasonable steps they might take in relying on the triple lock exception and the ACMA’s approach in considering whether those steps were reasonable.
The ACMA intends to publish a list of online content service providers that have implemented the triple lock to assist consumers to identify participating services.
Providers seeking to rely on the exception should notify the ACMA, including so they can be kept directly informed about the development of the Wagering Advertising Opt-out Register.