Gambling ads during international live sporting feeds

The existing rules around when gambling ads can be shown during live sport apply to the coverage of international live sporting events that are broadcast or streamed in Australia. These international feeds may include virtual and/or physical ads for online gambling services including offshore gambling services. 

A range of exceptions may apply to these rules, including when: 

• gambling ads are accidental or incidental to other content, and no benefit for providing the gambling ads was received 
• the broadcaster or streamer did not add the gambling promotional content to the feed, it is not reasonably practicable for them to remove it, and no benefit was received for providing it.

Changes in technology have led to new advertising techniques, such as inserting virtual gambling ads that appear in addition to physical ads at the venue. These were not contemplated when the exceptions were developed.

During recent international sporting events, we have seen examples of virtual and physical gambling advertising that are more prominent types of advertising than in the past. This raises questions about whether such advertising goes beyond what was anticipated to be an ‘incidental accompaniment to other matter’.

Despite the legal exceptions noted above, this type of advertising is cause for community concern, particularly when it is for offshore gambling services. 

We expect broadcasters and online content service providers to follow the guidance below when taking international feeds of live sporting events.

If gambling ads are proposed to be virtually inserted or physically located at the sporting venue, we expect broadcasters and streamers to:

• Take proactive actions to access an alternative feed that is free of the gambling advertising, both virtual and physical, particularly for ads about offshore services. 
• If a clean feed is not available, take steps to implement options to remove both virtual and physical ads from the feed provided to audiences in Australia. This may include contractual negotiations with the supplier of the feed or third-party technical solutions to remove or overlay ads.
• Keep and provide evidence of these actions to the ACMA on request. We will assess each matter on a case-by-case basis.

This is an area that we are monitoring closely. A key message is that if a gambling service cannot be provided to Australians, it should not be advertised here.

• Gambling advertising rules, including restrictions on when gambling ads can be shown during live sport, are set out in:
  • codes of practice for broadcasters on TV and radio
  • Broadcasting Services (Online Content Service Provider Rules) 2018 for online content service providers or streamers.
• Rules prohibiting advertising of illegal online gambling services are set out in the Interactive Gambling Act 2001.

If you have questions about this guidance or other compliance issues, email us.