IAB response to House of Representatives Committee Report proposing gambling advertising ban

On June 29, 2023 Policy and Regulation

The House of Representatives Standing Committee on Social Policy and Legal Affairs yesterday released its report “You win some, you lose more”, following its inquiry into online gambling and the impacts on those experiencing gambling harm. As part of its inquiry, the Committee looked at whether the current regulatory framework for online gambling and gambling advertising in Australia is fit for purpose and meeting community expectations.  

While the Report in several places identifies the harm as ‘saturation’ advertising and ‘high volume’ advertising, the Report at Recommendation 26 recommends a phased approach to banning all gambling advertising within 3 years – rather than dealing with the issue of volume.  It provides:

5.148 The Committee recommends the Australian Government, with the cooperation of the states and territories, implement a comprehensive ban on all forms of advertising for online gambling, to be introduced in four phases, over three years, commencing immediately:

  • Phase One: prohibition of all online gambling inducements and inducement advertising, and all advertising of online gambling on social media and online platforms. Removal of the exemption for advertising online gambling during news and current affairs broadcasts. Prohibition of advertising online gambling on commercial radio between 8.30-9.00 am and 3.30- 4.00 pm (school drop off and pick up). 
  • Phase Two: prohibition of all online gambling advertising and commentary on odds, during and an hour either side of a sports broadcast. Prohibition on all in-stadia advertising, including logos on players’ uniforms. 
  • Phase Three: prohibition of all broadcast online gambling advertising between the hours of 6.00 am and 10.00 pm. 
  • Phase Four: by the end of year three, prohibition on all online gambling advertising and sponsorship.

 5.149 Gambling advertising on dedicated racing channels and programming should be exempt from the ban.

 5.150 Small community radio broadcasters should be exempt from further restrictions until December 2025.

IAB issued a media statement yesterday in response, indicating that, while we recognise there is community concern in relation to ‘saturation’ gambling advertising which needs to be addressed, we are concerned that the Committee’s recommendation to impose an outright ban on all advertising is not a proportionate response.

In the current economic climate, any advertising restrictions will affect the industry’s ability to support the delivery of freely available content and services online, and outright bans will have a significant impact across the market.  

IAB’s concerns are exacerbated by the fact that this seems to be part of a larger co-ordinated campaign to regulate advertising considered to potentially cause harm, including food, beverages, sugary drinks, alcohol, and fossil fuels. 

That’s why we have urged the government to consider the scope of the problem (volume of gambling advertising or ‘saturation’) and look to find a proportionate response.  There are a range of tools available to manage the delivery of ads online (for example, age-gating, verification, frequency capping etc) and further thought needs to be given to how these can be used to address the problem of high-volume gambling advertising – before looking to impose outright bans.

The Government has indicated that it will take time to consult with stakeholders on the Report’s recommendations and consider them before responding to the Report and giving an indication of its proposed reforms. 

IAB will look to work constructively with the Government throughout the process to ensure that harm to our industry is minimised.   We will keep you posted on any developments.

 

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