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Australia’s gambling advertising ban: ACMA issues guidance

2 hours ago
5 min read
ACMA guidance on Australia's gambling advertising ban and notable-person restrictions
ACMA issues guidance on Australia's gambling advertising ban. Image credit: ACMA.

Australia’s gambling advertising ban is moving closer to implementation after the Australian Communications and Media Authority (ACMA) released initial guidance explaining how restrictions on notable people in wagering promotions will operate. The rules are scheduled to take effect on 1 January 2027, giving gambling operators, media companies and advertising partners a limited period to review their campaigns and commercial arrangements.

 

The guidance outlines who may fall within the definition of a notable person, how the regulator may assess suspected breaches and which exceptions could apply. It also clarifies that the restrictions extend beyond television advertising to online platforms, radio, news websites, online games and social media.

 

For the Australian wagering industry, the publication provides an early reference point for compliance planning before the new requirements begin.


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What Australia’s gambling advertising ban covers

Under the incoming rules, gambling advertisements distributed through broadcast or online channels must not feature a person classified as notable. Licensed interactive wagering service providers will also be prohibited from entering into arrangements connected with a notable person’s sponsorship, participation or involvement in promoting wagering advertising content in Australia.

 

ACMA’s guidance identifies several categories that may fall within the definition. These include current and former professional sports players or athletes, celebrities, social media influencers and other prominent individuals. The legislation also allows for additional classes of people to be determined by the responsible minister.

 

The definition is not limited to individuals who live in Australia. The legislation’s wording includes qualifying people regardless of whether they are inside or outside the country.

 

This broad scope means businesses cannot rely solely on whether a personality is widely recognised by the general public. They will need to consider the circumstances of the person and the relevant provisions when assessing whether a proposed advertisement is permitted.

 

The restrictions form part of Australia’s wider gambling advertising reforms under the Interactive Gambling Amendment (Gambling Reform) Act 2026. The legislation introduces several measures intended to reduce exposure to wagering promotions, including additional limits affecting advertising channels and commercial practices.

 

Influencers and public figures face closer scrutiny

The treatment of influencers is an important consideration for marketing teams. Digital campaigns frequently use personalities to attract audiences, build familiarity with a brand or promote wagering services through social platforms. Under the new framework, these arrangements will require careful review.

 

A person’s status as an influencer may not be determined by a single follower-count threshold. Recognition within a particular community or audience may also be relevant when considering whether an individual falls within the rules. Businesses should therefore avoid assuming that a relatively small online following automatically places a creator outside the definition.

 

Former athletes and celebrities also require attention. The wording covers current and former individuals in the specified categories, so a person’s departure from professional sport or entertainment does not necessarily remove them from consideration.

 

For advertisers, this creates a practical need to assess both existing contracts and proposed campaigns. Promotional material that previously relied on a familiar public figure may need to be redesigned, replaced or withdrawn if it would not comply with the incoming restrictions.

 

Companies should also consider whether their agencies, production partners and media suppliers understand the new requirements before campaigns are approved or scheduled.

 

How ACMA may assess potential breaches

The initial guidance explains considerations ACMA may use when examining alleged contraventions. It also addresses how the prohibition operates, including provisions concerning the causing or authorising of gambling advertisements.

 

That element matters because compliance may involve more than checking the final creative material. Businesses need to understand their responsibilities when advertising is developed, commissioned, distributed or made available through third parties.

 

A campaign can involve several parties, including the wagering provider, an advertising agency, a media buyer, a publisher and the individual appearing in the promotion. Clear contractual responsibilities and documented approval processes can help businesses identify potential problems before material reaches an audience.

 

Operators should review their internal procedures to determine who checks talent eligibility, who approves advertising content and how concerns are escalated. Existing campaigns may also warrant reassessment if their scheduled distribution extends into the period when the restrictions commence.

 

The guidance does not mean every individual will automatically fall within the definition simply because they have some public visibility. Instead, businesses must assess the applicable criteria and circumstances rather than relying on assumptions about celebrity status or audience size.

 

Exceptions and preparation ahead of 2027

ACMA’s guidance also discusses relevant exceptions, including provisions concerning dedicated racing services, channels and programmes. These qualifications mean businesses should examine the applicable guidance and legislation before deciding whether a particular format or service is covered.

 

An exception should not be treated as a general exemption for an entire campaign or business. Its relevance will depend on the circumstances and the specific legal provision involved.

 

With the commencement date approaching, wagering providers can use the remaining preparation period to audit advertising assets, review talent agreements and assess sponsorship-related promotional activity. Marketing and compliance teams should work together to identify material that could be affected and establish a process for approving future campaigns.

 

Media organisations and advertising partners also have a role in understanding how the restrictions affect the material they accept, publish or distribute. Clear communication between commercial and compliance teams may reduce the risk of campaigns being prepared under assumptions that no longer apply once the rules begin.

 

Businesses should use ACMA’s published guidance and the enacted legislation as their primary references when making decisions. Where the application of a provision is uncertain, obtaining qualified legal advice may help clarify the risks associated with a proposed arrangement.

 

What the guidance means for the wagering industry

ACMA’s publication provides an initial explanation of how the notable-person restrictions are expected to work, but it does not remove the need for individual compliance assessments. The regulator has indicated that it may issue formal guidance on the provision later if required.

 

The immediate challenge for the industry is to translate the legal requirements into practical controls. That includes checking who appears in advertisements, reviewing promotional contracts, assessing third-party arrangements and confirming that campaign approvals reflect the new rules.

 

The 1 January 2027 start date gives businesses a defined deadline for completing that work. Companies that begin reviewing their marketing arrangements early will have more time to identify affected campaigns and consider compliant alternatives.

 

Australia’s gambling advertising ban therefore represents a significant change for wagering promotion involving public figures. ACMA’s initial guidance gives the industry a clearer starting point, while the legislation and any further regulatory clarification will remain important references as implementation approaches.


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Sources
  • ACMA

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