Advertising a gambling service or operation in Australia is a minefield. The laws and regulations are not only extremely complex but are subject to change at any time. To legitimately advertise your gambling product or service, you must be compliant with relevant codes, regulations and legislation, both at a Federal level, and at the state and territory level.
At Senet, we provide expert legal guidance and advice on setting up and operating a gambling service in Australia, including how, when and where you can advertise.
Advertising online gambling in Australia is regulated both at a Federal and state and territory level. This includes prohibitions on activities such as promoting the consumption of alcohol while engaged in wagering or sports betting activities or publishing advertising, which suggests that participation is likely to improve a person’s financial prospects. Australian Consumer Law also applies to online (and conventional) gambling, with prohibitions on misleading or deceptive conduct or conduct that is likely to mislead or deceive and on including unfair terms in certain contracts.
Penalties for breaches can be significant and regulators actively monitor and take action in the event of perceived non-compliance. Creating an advertising campaign is a significant investment of time and financial investment so imagine launching your campaign only to find that it is perceived to breach of gambling advertising laws? Having to pull a campaign from being advertising or having to respond to non-compliance enforcement action from a regulator is extremely damaging to a brand. It is crucial that, before you launch or promote an online gambling service in Australia, you talk to us at Senet about obtaining our advertising approval to ensure you are compliant with the relevant laws and regulations before advertising your product or service.
At a Federal level, gambling advertising and other activity is regulated, and the rules are enforced, by the Australia Communications and Media Authority (ACMA), who are empowered by the Interactive Gambling Act 2001 (Cth) (IGA). ACMA maintains a complaints process for consumers who think that the rules have been breached. Ad Standards also operates a complaints handling system in relation to the Australian Association of National Advertisers (AANA) Code of Ethics and Wagering Advertising Code.
At a state and territory level, the regulations on gambling advertising are enforced by a range of bodies. It is important that a gambling start up or established operation, whether based in Australia or overseas, is aware of and compliant with the regulations of each state and territory. See our guide to the laws on gambling in Australia to find out more.
Senet is one of the leading gambling legal services firms in the country, and the only one that has Principals who have worked in the industry at executive level. We have also been recognised for our expertise on many occasions, including being ranked by Chambers & Partners Global and Chambers & Partners Asia-Pacific as a leading gambling and gaming firm since Senet established in 2017.
We specialise in providing comprehensive legal advice and guidance on gambling advertising and general compliance to the gambling industry in Australia. To ensure compliance with Australia’s legal and regulatory framework, contact our team of specialist gambling lawyers and advisors at Senet today.