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Following Australia’s latest reform package passing Parliament on 19 August, the Australian Communications and Media Authority (ACMA) has broken down the most important rules around marketing to help operators with compliance once the legislation comes into effect on 1 January 2027.
Of note, any type of gambling advertising will be barred from featuring notable persons. This will also mean that licensed wagering service providers (LIWSPs) will no longer be able to enter agreements that sponsor or involve said notable persons.
Under the revised provisions, a notable person is considered as someone who:
- is a current or former professional sports player or athlete;
- current or former celebrity;
- current or former social media influencer;
- current or former prominent individual;
- person included in a class of persons that the Minister for Communications determines.
The ACMA notes that the definitions are made in a way to go beyond those who might appeal to children, as a notable person could also serve as the catalyst for someone at risk of gambling harm to resume their harmful behaviour.
Restrictions preventing the use of influential figures will cover all types of advertising, including broadcast TV, radio, online, and social media.
Of note, LIWSPs will take full responsibility of abiding to the rules, meaning any breaches and subsequent enforcement action will apply solely to the operator.
How the ACMA will assess an individual’s actual role in promotional material will be based on several key considerations:
- whether the person represents or is engaged with an LIWSP for a personal benefit;
- whether they’re engaged with the promotion in close association with their personal or professional life;
- how recognisable their public profile is, either nationwide or within a specific community;
- how frequently they are featured in media;
- whether they have any notable achievements that boost their public profile;
- and the overall ability of the individual to influence the decision-making of others.
Another important highlight is the use of a person who becomes more recognisable with time, the likelihood of which is very high with influencers.
The ACMA notes that if a promotional campaign uses an individual who is not considered a notable person at the time of their contract, but who does fall into the notable person criteria over the life of that contract, the advertising content can no longer be shown.