The Australian Communications and Media Authority (ACMA) has issued a reminder to all authorized online operators to adhere to gambling advertising regulations. This follows concerns about discrepancies in how operators are interpreting the guidelines.
The ACMA emphasized that rules put in place in 2018 prohibit gambling advertising between 5:00 am and 8:30 am during televised, radio, and online live sporting events. These regulations also limit advertising at other times.
The ACMA has been assessing the effectiveness of these regulations. In the second year of their implementation, the agency conducted three investigations into operators.
While the ACMA did not discover any significant problems, it did find some inconsistencies in how providers were understanding the rules.
These inconsistencies included the use of exceptions provided under the Broadcasting Services Act 1992, which allows online simulcasts of live sporting events to be exempt from advertising regulations.
The ACMA stated: “The ACMA has observed that this exemption is widely utilized, sometimes in conjunction with exemptions in the Broadcasting Code of Practice restrictions for low-rating subscription television channels.”
The expanding online viewership for live sporting events in Australia necessitates an examination of the potential proportion of online spectators for televised sporting events. This is crucial to ensure that exemptions remain applicable as intended, even when the actual audience is smaller.
The Australian Communications and Media Authority (ACMA) also emphasized concerns regarding record-keeping obligations. Although operators are creating and maintaining records of gambling advertisements displayed during live sporting events, the types of records kept by various providers differ.
Consequently, the ACMA encourages operators to assess whether their records adhere to advertising regulations, particularly for digital insertions.
The ACMA declared: “Although our formal monitoring program has now concluded, the broadcast and streaming environment for live sporting events is continually evolving.”
“We will continue to observe developments in this area and their interaction with gambling advertising restrictions.”
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