ACMA reveals gambling ads complaints almost double

Australia has received almost twice the amount of gambling advertisement complaints in the last financial year. In response, the country’s media regulator, the Australian Communications and Media Authority (ACMA), has issued a warning concerning the restrictions in place and their inability to satisfy the community.

In a parliamentary inquiry, ACMA asked for more authority to prohibit unlicensed gambling advertisements from circulating on online platforms such as YouTube, Facebook, and Google. This would help stop children and other vulnerable Australian groups from exposure to these ads.

The regulatory body went on to mention the increasing number of gambling-related complaints and inquiries it has received since 2018. Between 2018 and 2019, the ACMA revealed around 47 complaints concerning gambling promotions.

“The high number of complaints we receive indicate that concerns remain that children and other vulnerable Australians are exposed to too much gambling advertising,” the regulator body said.

The figure went up to 120 in 2020-2021, and by 2021-2022, it rose significantly higher to 208, and an additional 39 complaints were sent out between July and September. While ACMA received most of the inquiries, some of them fell outside the regulator’s remit.

“These include concerns that there is excessive gambling advertising or gambling ads that are shown at inappropriate times, often with reference to family viewing times or children watching,” the ACMA continued.

“Some of these complainants are of the view that gambling advertising should be banned altogether.”

The Australian regulator has started and completed 11 investigations on gaming operators and their compliance with gambling laws since July 2018. During this period, the ACMA has discovered three online rules breaches as well as four violations of the gaming industry’s code of conduct. Due to this, the watchdog has issued a number of formal warnings to the defaulting parties as well as enforceable undertakings or remedial directions.

The Turnbull government issued a restriction in May 2018, stopping sports gambling from being advertised on broadcast television between 5 am and 8:30 pm. There was also a ban placed on advertisements between five minutes prior to the start of a play and five minutes after it ends.

The ACMA explained that while the restrictions were still in effect and working as planned, minors were getting more interested in sporting events. Besides broadcast television, sports can also be watched on streaming services, none of which the gambling advertisement regulations apply to.

“Assessments about the effectiveness of the gambling advertising rules, particularly for protecting children, should also take into account the changed viewing behaviors of children,” the regulator said.

ACMA asked that the Australian government extend the gambling promotion ban to regulate unlicensed gaming ads on platforms like Google, Twitch, Facebook, and YouTube and close off the loopholes used by operators. Currently, the only way unlicensed gambling ads can be banned on these platforms is if the country is sure that a large number of its customers are physically in the country.

The top Australian Bookmakers have noted that the gaming industry has a “legitimate right” to engage with their customers as long as it is done within the bounds of the law.

The companies also told the inquiry that the considerable interest of the community to place more substantial limits on gambling advertising to limit the exposure of the activity to “young people and at-risk individuals” was acknowledged.

According to Deakin University’s gambling expert, Prof. Samantha Thomas, it is apparent from the massive number of inquiries and complaints being sent out that the community required action. He also talked about the prior regulations being ill-fit to cater to all the community’s reservations and shield the minors from exposure.

“The 2018 regulations were never going to be enough to protect the community and particularly children from being exposed to pervasive gambling marketing,” Thomas explained.

“While there has been a focus on television advertising, we also know that children are increasingly seeing gambling ads on social media platforms such as YouTube and, most recently TikTok. The government has a clear duty of care to act to protect kids.”

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