Will The Government's Online Gambling Advertising Legislation Ever Eventuate?

Will the federal government's online gambling advertising legislation ever eventuate? Don't wager on it


1. David Rowe Emeritus Professor of Cultural Research, Institute for and Society, Western Sydney University


2. Hunter Fujak Senior Lecturer in Sport Management, Deakin University


David Rowe has gotten financing from the Australian Research Council to support research study relating to this article: Struggling for Possession: The Control and Use of Online Media Sport (with Brett Hutchins, DP0877777); 'A Nation of "Good Sports"? Cultural Citizenship and Sport in Contemporary Australia' (DP130104502), and 'Australian Cultural Fields: National and Transnational Dynamics' (with Tony Bennett et al, DP140101970).


Hunter Fujak does not work for, seek advice from, own shares in or get funding from any business or company that would take advantage of this short article, and has revealed no pertinent affiliations beyond their academic appointment.


Deakin University and Western Sydney University supply financing as members of The Conversation AU.


https://doi.org/10.64628/AA.69ptrywag


As the next federal election emerged before the summer break, concern increased that Labor wouldn't be honouring its dedication to present new limitations on online (especially sport) gambling marketing throughout the current parliamentary sitting.


Those worries were well-founded, in spite of pressure from many sides and broad bipartisan political support.


The Greens made a desperate attempt to comply with the government to pass some reforms in the February 2025 sitting, but were rebuffed.


Instead, Communications Minister Michelle Rowland blamed the delay on the complexity of advertising reform and the requirement to continue consultation.


This is regardless of a Legislature query into the damaging effects of online betting, led by the late Labor MP Peta Murphy, concluding in June 2023.


In the meantime, much less well-researched however wider-ranging legislation prohibiting children under 16 from using social networks was introduced and passed in just eight days in November 2024.


There are both deep historic and instant political reasons why this legislation has actually been slowed down.


A country of sporting bettors


Professional sport in Australia has an inglorious history of promoting unhealthy items and services, including cigarettes, sweet drinks, quick food, alcohol and gambling.


Television and, later, online ads have been particularly effective cars for linking sport betting with prospective consumers.


This has prompted prevalent objections to the health and social repercussions and intrusiveness of gambling marketing.


There is persuading evidence that Australia's world-leading per capita expenditure on gaming and the important role of sport gaming ads trigger harm to a substantial variety of individuals, households and communities.


Such damage includes unfavorable results on relationships, health, mental health and wellbeing, financial resources, work and research study.


The gamblification of sport


Although sport comes 3rd among the primary locations of gaming in Australia, it is by far the most popular, particularly in homes.


Find out more: Pokies? Lotto? Sports wagering? Which types of problem gambling impact Australians the most?


The so-called gamblification of sport, sped up by digitisation, normalises the idea of wagering odds amongst children and young people.


Sport and media's enthusiasm for betting money has actually provoked strong pushback over its negative social effects, with installing public pressure for higher controls on betting marketing.


A recent survey found about 72% of those surveyed desired to prohibit online betting ads, while another of AFL fans reported 76% supported television and radio advertisement bans.


The response of and to the Murphy Report


The House of Representatives Standing Committee on Social Policy and Legal Affairs was charged with examining online betting and its impacts.


It made 31 suggestions, with rare cross-party support, in its "you win some, you lose more" report (which was not only about sport).


Contrary to the majority of public argument and media reporting, it did not officially recommend a blanket restriction on all gambling advertising. Its terms of recommendation only covered online betting.


But Murphy's foreword - requiring a "phased, detailed ban on all gambling advertising on all media; broadcast and online, that leaves no space for circumvention" - captured the most attention.


The main suggestion was for a three-year, four-phase restriction on all types of online betting marketing. Dedicated racing channels and shows were exempted and little community radio broadcasters offered extra time to comply.


After more consultation lasting practically 18 months, it's clear this calibrated proposal is not favoured by the federal government.


Journalists were backgrounded about a watered down law topping advertisements for betting at two per hour per TV channel before 10pm, and prohibiting them for an hour either side of a live sport occasion. A blanket restriction would use only to betting advertisements on social networks and other digital platforms.


Yet even these more modest reforms did not continue as prepared for.


The reason, it has been extensively reported, was heavy lobbying by the sport, media and gambling industries.


High-stakes horse trading


The fortunate access to federal government gotten by these sectional interests has actually had an effective effect on gambling legislation.


The Coalition of Major Professional and Participation Sports has continuously resisted tightening up policies on sport sponsorship and gambling ads.


It declares their reduction or loss would damage the monetary practicality of its members and their support for grassroots sport.


However, Australia's significant sports leagues obtain substantial betting profits from direct sources (sponsorship, item costs) and indirectly from the value of media rights.


The AFL and NRL produced cumulative earnings of $1.06 billion and $701 million respectively in 2023.


So while sport leagues would have less capability to monetise their media rights if gambling ads were minimized, it would neither threaten professional sport in basic nor seriously jeopardise funding of junior involvement.


Follow the cash


An Australian Communications and Media Authority report found capital city free-to-air tv included 1,381 betting areas daily in between May 2022 and April 2023.


Gambling business spent $162 million on free-to-air television marketing throughout this duration, not consisting of further financial investment on membership platforms.


As free-to-air commercial TV is currently losing advertising income to digital media platforms, restrictions on this lucrative advertiser category would not be as easily absorbed today as the tobacco marketing bans in the 1970s.


This is why sports and their media and betting partners are battling so hard versus the legislation.


And all this capital flowing to and through sport, gambling, and media has created the potential to cause political harm on gambling reforming federal governments.


Negotiations behind closed doors can quickly break out into public projects, similar to the notorious "axe the (carbon) tax" agitation, if effective organisations are not satisfied.


Gambling and the young voter


Sport gambling ads in Australia have actually especially targeted boys in a jocular larrikin design. But young ladies are now also being induced to bet in higher numbers.