Is Australia Considering Adjustments to Proposed Gambling Ad Ban?

Australian-government-expected-to-water-down-Murphys-law-gambling-ad-banA series of media reports have indicated that the Australian government is preparing to announce its response to the 2023 Murphy Report. However, it appears that the comprehensive ban on gambling advertisements recommended by the report is unlikely to be fully implemented. The government is expected to introduce a less stringent version of the ban, informally known as “Murphy’s law,” in memory of the late MP Peta Murphy, who championed these reforms.

The proposed restrictions include a cap of two gambling ads per hour until 10 p.m. and a prohibition on gambling advertisements one hour before and after live sports broadcasts. These measures reflect a compromise intended to balance public concern over gambling promotions with the interests of the media industry.

Current Status of the Proposal

Jamie Nettleton, a partner at the gaming law firm Addisons, shared his insights with iGaming Business, suggesting that the government may be cautious about alienating media organizations. “The government’s final stance on the issue remains uncertain,” Nettleton noted. “These proposed restrictions are currently in the draft stage and have not yet gone to cabinet, so there is no clear timeline for implementation.” The government is expected to release its response in the coming weeks, with the understanding that any changes would need to be enacted through legislation filed in parliament.

Focus Shifts to Online Gambling Ads

The initial report by the House of Representatives Committee on Social Policy and Legal Affairs, published in June 2023, called for a complete ban on all gambling advertisements within three years. This would cover both broadcast media and online platforms. The report was authored by MP Peta Murphy, who sadly passed away in December last year.

As it stands, online gambling ads might also face restrictions, particularly on commercial radio, where ads could be banned during specific time slots, such as from 8:30 a.m. to 9 a.m. and from 3:30 p.m. to 4 p.m. A full ban on online advertising is still a strong possibility, which Nettleton believes could significantly impact affiliates and influencer marketing. “The sector has known this was coming and has been working to put restrictions in place for some time,” Nettleton explained.

Meetings between the government, sports organizations, gambling stakeholders, and media entities have been ongoing. However, there is still uncertainty surrounding the implications for sports advertising, including jersey sponsorships and on-field promotions. According to Nettleton, these aspects have not yet been clearly addressed.

Reactions to the Proposed Restrictions

The government’s revised approach has sparked reactions from various quarters. Independent senator David Pocock criticized the watered-down version of the restrictions on August 6. Pocock questioned why there had been a shift from the initial support for a total ban to the current, more lenient proposals.

“A phased-in gambling ad ban would destroy sport – where have we heard that before?” Pocock expressed in a post on X. “What a total cop-out & betrayal of the late Peta Murphy’s legacy. There is support in the parliament to implement the Murphy Review recommendations in full – not some watered-down policy to appease the gambling industry.”

Industry Adjustments to Advertising Practices

In response to the evolving regulatory landscape, some Australian gambling operators have begun to adjust their advertising strategies. Betting operator Tabcorp, for instance, had initially backed the reduction of gambling advertising in its submission to the Murphy Report last year.

Similarly, PointsBet has taken steps to curtail its gambling advertising. The company no longer displays ads on free-to-air television between 6 p.m. and 9:30 p.m. Additionally, PointsBet is withdrawing its branding from stadiums and sports team jerseys, meaning sponsorship agreements with teams like the Manly Sea Eagles and Cronulla Sharks will be terminated by 2025.

As the Australian government continues to deliberate on its final response to the Murphy Report, the gambling industry awaits a clear direction on how these proposed changes will reshape the landscape of gambling advertising in the country.

Source:

Australian government expected to water down “Murphy’s law” gambling ad ban, igamingbusiness.com, August 6, 2024.

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New Legislation Bans Using Credit Cards for Online Betting in Australia

A lot is changing when it comes to Australian gambling law, and new legislation has just been passed. The use of credit cards as a payment method for placing online bets will be prohibited from now on, as the Australian Federal Parliament decided.

Important measure

Kai Cantwell, the CEO of Responsible Wagering Australia, supports this decision. He thinks that the country needs this decision since the residents will be allowed to gamble only with the money they actually have on their cards.

Cantwell commented: “This is an important measure to protect customers and their loved ones, making it easier for people to stay in control of their own gambling behavior. It will complement the existing offering of safer gambling account management tools by RWA members to customers to help them stay in control of their betting.”

Lotteries and keno issue

australian-parliament-passes-legislation-banning-online-credit-card-betting-He added that it was disappointing that some kinds of games, for example, lotteries and keno, were excluded from this ban since the lotteries are the most popular type of gambling in the country, especially in people from lower socioeconomic groups.

Only in 2020 and 2021 did citizens lose more than $3.2 billion playing these two types of games, according to the Australian Gambling Statistics. When online keno was legalized in Victoria, these numbers increased even further, and in 2022 and 2023, the losses increased by more than 400%.

There are other parts of the gambling law that lotteries are excluded from. There is also a National Self Exclusion Register, Betstop, so the Australians who already have excluded themselves from other forms of online gambling still have the opportunity to gamble up to $10.000 online by playing lotteries.

Cantwell added: “To effectively reduce gambling harm, consumer protection measures must exist across all forms of gambling. Otherwise, those at risk of harm will just move from one form of gambling to another less regulated type.”

Strict regulations

The industry is talking about the potential credit card ban from 2021. The RWA members collaborate with the federal government and financial institutions to deliver the best possible solutions when it comes to credit card bans and online gambling regulations. The institutions will continue to work hard on this, and the ban is supposed to be implemented in all online casinos in Australia within six months.

This is the newest regulation in the Australian market, but not the only one. Other prohibitions include banning external signage, reducing the cash-input limit, reducing the cap on machine entitlements, and others.

Source: Narayan, Niji, Australian Parliament Passes Legislation Banning Online Credit Card Betting”. European Gaming. December 7. 2023.

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France Reg Flexes Delisting Muscle, Australia Adds to List of Blocked Online Casinos

france_reg_flexes_delisting_muscle_australia_adds_to_list_of_blocked_online_casinos.France’s gambling regulator, l’Autorité Nationale des Jeux (ANJ) has issued blocking and delisting orders against online gambling sites and has created and published a public blacklist in the form of a downloadable CSV spreadsheet of illegal gambling sites while the Australian Communications and Media Authority (ACMA) has ordered eight more sites to be blocked, including an advertiser as well as gambling operators.

The French blacklist can be found through a link on the government’s official announcement page (here). It includes well over 500 entries, most of which are redirects or mirrors of sites that were obviously targeting players in markets the operators were not welcome in with operators such as VegasPlus accounting for nearly 10% of the total through more than 45 unique URLs relying on various reiterations of the core name.

Obvious Attempted Circumventions

MaChance casino accounted for more than 50 iterations while Unique / WinUnique clocked nearly 50 entries.

The internal list shared with legal authorities, certain operators, and internet service providers in France has tracked 532 websites from over 150 operators since June of last year but has finally been made public, albeit in a non-user-friendly format. The list will be updated monthly according to the ANJ.

Several months before the then-nascent list was compiled, the regulator was given extraordinary powers to block or demand the blocking of gambling websites as well as the power to delist them through requests or demands delivered to search engines and other indexing databases.

Legal censorship in the name of the public good is a craft the French regulatory body is perfecting with each new development and the ANJ no longer has to wade through 4-6 months of red tape to get the job done. Now, they can simply request that ISPs (internet service providers) block the sites after a quick consultation with an administrative judge, and the marketing websites as well as any known iterations of the gambling domains can be blocked within 30-60 days.

Only about 18 online gambling websites are sanctioned by the government in France as well as internationally in French-administered jurisdictions while La Française des Jeux enjoys an exclusive monopoly on lotteries and related games throughout French law-administered governments worldwide.

Google addresses delisting thusly: “Google may temporarily or permanently remove sites from its index and search results if it believes it is obligated to do so by law; if the sites do not meet Google’s quality guidelines, or for other reasons.”

A ruling by the European Court of Justice, the EU’s highest court confirmed in 2011 that France’s monopoly on horse race betting was justified and legal as long as its purpose was to prevent harm to the public and was applied in a consistent manner. The case (a law allowing Pari Mutuel Urbain a monopoly on horse-race betting) set the stage for further breaks in anti-monopoly law interpretations and upset the assured competition among member states throughout Europe.

The ANJ stated on its website last Wednesday: “Indeed, when a French Internet user plays on an illegal site (for example, in France, all online casino sites are illegal, no casino license can be granted under the legal framework in force), it exposes you to multiple risks:

  • Collection of personal data;
  • Payment fraud;
  • Installation of malicious computer programs on the computer or mobile phone without the knowledge of the player;
  • Frequent non-payment of winnings;
  • Absence of any measure to prevent excessive gambling and underage gambling;
  • Total absence of legal recourse in the event of a dispute with the site.

There are no known empirical data that shows the French are any more vulnerable to those risks than players in any other jurisdiction. The government relies on code enforcement on the supply side and the statements above to dissuade French gamblers from straying from the French-approved sites. Online gamblers in France are not subject to criminal penalties.

Australia Continues Crackdown on Unlicensed Sites.

As is the case in France, gamblers in Australia are not subject to criminal penalties. However, operators that offer unlicensed services to citizens can be punished civilly and criminally if they find themselves within reach of the law. All publicly traded companies have left the market, yet private companies continue to serve the market as Australians are among the most passionate and prolific gamblers in the world.

Offering online gambling services in Australia is not actually illegal as long as an operator is licensed in a state or territory. However, none have developed a framework nor issued any licenses for casino gambling.

The Australian Communications and Media Authority (ACMA) has issued new orders for another handful of gambling sites to be blocked by Australian ISPs from allowing residents to access the websites.

As has often been the case in the past, the order affects not only illegal operators but their promoters as well. The latest batch of names includes Casino Jax, Kosmonaut Casino, Mirax Casino, N1 Bet Casino, Rolling Slots, Slotozen, and Wild Fortune Casino as well as an affiliate website that was purportedly directly marketing to Australian players.

The regulatory body has blocked well over 700 gambling websites since the Gambling Act Amendment of 2001 was strengthened in 2017.

Source: French regulator publishes gambling website blacklist, iGaming Business, March 14, 2023

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