ACMA Clarifies Gambling Ad Regulations for Australian Broadcasters

The Australian Media and Communications Authority (ACMA) is issuing a reminder to all Australian broadcast licensees to adhere to regulations regarding gambling advertisements.

This statement follows observations by the ACMA that certain broadcasters were interpreting the existing guidelines somewhat differently.

As a quick recap, these regulations – implemented in 2018 – prohibit the display of gambling promotions during live sports transmissions between 5 am and 8:30 pm on television, internet platforms, or radio. Beyond these times, the limitations are slightly less stringent.

The ACMA monitors compliance by gathering information on the timing of gambling advertisements during live sports and has engaged with online broadcasters to gain insights into their management of such promotions.

After a year of overseeing these rules, the ACMA did not identify any significant violations. However, they did observe variations in how broadcasters were comprehending the regulations.

These discrepancies primarily revolved around the applicability of exemptions to the rules and the proper procedures for record-keeping.

For instance, a provision within the 1992 Broadcasting Services Act permits simultaneous online broadcasts of sporting events to be exempt from the advertising regulations, but there was some ambiguity regarding the practical implementation of this exemption.

The Australian media regulator, known as the ACMA, has expressed worries about the excessive use of exceptions to broadcasting regulations for live sporting events aired on television. These exceptions, intended for specialized viewership groups, are being applied too extensively, encompassing widely popular sporting competitions that attract substantial online audiences. The ACMA highlights the importance of factoring in potential digital viewership when granting these exceptions to maintain equity and prevent regulatory gaps.

Furthermore, the ACMA discovered discrepancies in how broadcasting companies are maintaining documentation of their adherence to these regulations. Although record-keeping is promoted, the ACMA emphasizes that these records must conform to established guidelines.

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