Broadcasters, data casters and online content services will be subject to new gambling advertising restrictions from 1 January 2027. It will be important to put in place systems and processes for compliance ahead of that date.
The current Interactive Gambling Act 2001 (Cth) (the Act) targets illegal gambling advertising. The reforms introduce a regime restricting advertising relating to licensed gambling operators.
When the reforms commence, entities will be subject to a variety of obligations. It will be important to promptly devise compliance strategies to ensure that they are in place by the commencement date.
Gambling advertising reforms
On 19 August 2026, the Australian Government passed the Interactive Gambling Amendment (Gambling Reform) Act 2026 (Gambling Reform Act) and National Self-exclusion Register (Cost Recovery Levy) Amendment Act 2026 (Self-exclusion Act) which will introduce a comprehensive set of reforms intended to reduce online gambling harms by imposing restrictions on the volume of wagering advertising online, restricting inducements and commissions, imposing obligations on financial institutions to block transactions related to illegal gambling services, restricting wagering advertising on sporting uniforms and at sporting venues. It aims to protect vulnerable Australians, with a particular focus on children. The Act makes a number of changes to the Australian Communications and Media Authority Act 2005 (Cth), the Broadcasting Services Act 1992, the Online Safety Act 2021 and the Privacy Act 1998 (Cth). The Self-Exclusion Act amends the National Self-exclusion Register (Cost Recovery Levy) Act 2019 (Cth).
This package of reforms introduces sweeping restrictions on wagering advertising and represents a significant shift in how the law will treat digital intermediaries with respect to wagering advertising. When it commences, online platforms will bear primary liability for non-compliant third-party wagering advertising that appears on the service.
Our summary below sets out key measures in the Act that are directly relevant to broadcasters, operators of online content services and digital platforms. It explains what media and internet organisations can be doing now to prepare for compliance ahead of the Act ’s commencement. Procedural and transitional provisions (sections 1 to 4 and Schedule 5) will commence on the day the Gambling Reform Act receives the Royal Assent, and the substantive provisions will commence on 1 January 2027.
Contraventions of the provisions below will generally carry civil penalties ranging from 1,000 to 5,000 civil penalty units per contravention (5,000 penalty units was $A1.82 million as at the date of writing) for most prohibitions. One prohibition for publication on social media of advertisements for prohibited or unlicensed interactive gambling services attracts a maximum penalty of 25,000 penalty units (A$9.1 million).
Types of media and internet entities covered
Online content service providers
An online content service is defined to mean a service that is provided to the public in Australia and either delivers content by way of an internet carriage service to persons with equipment to receive it, or enables people to access content using an internet carriage service. It expressly includes on-demand program services, social media services, relevant electronic services and designated internet services (in each case as defined in the Online Safety Act 2021 (Cth)). It includes paid and free services.
Broadcasters and data casters
Broadcasting service has the meaning given to it in the Broadcasting Services Act 1992 (Cth) (Broadcasting Act). This captures commercial and national free-to-air television, commercial and community radio, and subscription television services.
A datacasting service also has the meaning given to it in the Broadcasting Act, being a service that delivers content, in any form, including text, data, sounds or visual images, over the broadcasting services bands to persons with appropriate equipment to receive it.
Prohibitions on advertisements in relation to prohibited or unlicensed interactive gambling services
A general prohibition on publication of a designated (prohibited or unlicensed) interactive gambling service advertisement is already contained in the Act. Exceptions apply in certain limited circumstances, including where the publication is not in the course of the provision of designated interactive gambling services, the person publishes the advertisement on their own initiative, and the person does not receive any direct or indirect benefit from publishing the advertisement.
This has been supplemented by a new prohibition in the Gambling Reform Act, which prohibits social media services from publishing or authorising or causing to be published a designated interactive gambling services advertisement in Australia. The penalty for this is 5,000 penalty units for an individual, and 25,000 penalty units for a corporation.
Key changes affecting online content service providers, broadcasters and datacasters
Some key restrictions apply across the board to online content service providers, broadcasters and data casters. We will briefly discuss the breadth of each of these categories before describing the specific rules.
Restrictions on wagering advertising content during programs directed to, or likely to be viewed by children:
- prohibitions apply in relation to:
- providing wagering advertising content on broadcasting and datacasting services; and
- providing an online content service which is a video on demand (VOD) service or subscription video on demand service (SVOD) on which wagering advertising content is included;
- the prohibitions apply to:
- the broadcast, datacast or provision online in Australia (the Showing) of the wagering advertising content occurs during a program shown at any time between 5.00am and 8.30pm that is wholly or principally directed towards children;
- the Showing of the wagering advertising content occurs during a program shown at any time between from 6.00am to 8.30am and from 4.00pm to 7.00pm that is classified as G, C or P.
Blanket prohibition on particular types of wagering advertising content:
- The Act prohibits the Showing of wagering advertising content which:
- is directed to children;
- portrays children as participating in wagering or gambling;
- portraying wagering or gambling as a family activity;
- makes exaggerated claims about wagering or gambling;
- promotes wagering or gambling as a way to success or achievement;
- associates wagering or gambling with alcohol; or
- is misleading; or
- fails to include a responsible gambling message required by or under a law of the Commonwealth or a State or Territory.
“Wagering advertising content” is defined to mean advertising, sponsorship or promotional content that relates to a licensed interactive wagering service. It includes content which has a purpose of, or is likely to have the effect of promoting a licensed interactive wagering service and is by or for the benefit of the provider of that service. There is a narrow carve out for content which relates solely to government and political matters and does not promote licensed wagering services. There are further carve outs for certain administrative documentation.
ACMA notices
The Gambling Reform Act also confers several powers on the ACMA. The ACMA is empowered to issue written notices to broadcasters, datacasters and online content service providers, requiring they provide information or produce documents relevant to monitoring compliance with parts of the Act, the notice must allow a minimum response period of not less than seven days, and non-compliance attracts a civil penalty, with a separate contravention accruing each day the failure continues.
Separately, the Act introduces a suite of removal notice powers enabling the ACMA to direct online content service providers, end-users, hosting service providers, internet search engine service providers and app distribution service providers to remove designated interactive gambling service advertisements or cease hosting designated interactive gambling services. Recipients of a removal notice (or a link deletion notice or app removal notice, as the case may be) must comply within 24 hours of receiving the notice, unless the ACMA allows a longer period, and failure to comply carries a civil penalty of 1,000 penalty units.
If a designated interactive gambling service is provided an online content service and the designated interactive gambling service is hosted by a hosting service provider, ACMA may give the hosting service provider a written notice to take all reasonable steps to cease hosting the designated interactive gambling service within the notice period.
If end-users in Australia can access a designated interactive gambling service using a link published in Australia by an internet search engine service provider, ACMA may also require the provider to cease providing a link within the period.
If an app distribution service enables end-users in Australia to download an app that is associated with a designated interactive gambling service, ACMA may require the provider to remove the app within the notice period.
Record keeping obligations
Broadcasters, datacasters and online service providers which provide wagering advertising content in Australia must retain compliance records for at least 12 months from the date of the content being shown. A three-year record-keeping obligation applies to interactive wagering service providers in relation to certain contracts, understandings or arrangements relating to any sponsorship, participation or involvement of notable persons.
Privacy obligations
The Gambling Reform Act imposes privacy restrictions. As has been done in recent changes to the Online Safety Act 2021 (Cth) and the exposure draft of the Children’s Online Privacy Code, the provisions lift the bar for privacy compliance, putting in place as law requirements which otherwise apply by way of guidance.
Specifically, the privacy restrictions include:
- restrictions on the purposes for which personal information collected for the purpose of taking reasonable steps to comply with the Act may be used or disclosed;
- a requirement that where consent is relied upon for the purpose of a secondary use or disclosure, the consent be voluntary, informed, current, specific and unambiguous;
- a requirement that individuals be permitted to withdraw consent;
- a requirement that personal information be destroyed after it is used or disclosed for the purpose of taking reasonable steps to comply with obligations under the Act .
General exceptions
There are some general exceptions to the prohibitions in the Gambling Reform Act. These include certain circumstances where a person is required by law to do something, or has accidentally contravened the provisions. Importantly, there is an exemption which applies where wagering advertising content is or relates to a news report, a current affairs report or a documentary, the public interest in the conduct outweighs any adverse effect, and neither the person nor any other person receives a direct or indirect benefit in connection with the conduct from a licensed interactive wagering service provider or from a person associated with or which is a related body corporate of a provider.
Wagering Advertising Opt-out Register
The Act establishes a national Wagering Advertising Opt-out Register administered by ACMA. Individuals can register to opt out of receiving wagering advertising.
Online content service providers that provide wagering advertising content must ensure that it has continuous connectivity and computer systems enabling it to check the Register.
Additional rules applicable to online content service providers
Requirement to take reasonable steps
Online content services are prohibited from providing wagering advertising unless they take "reasonable steps" to:
- prevent restricted users from accessing or receiving wagering advertising content;
- ensure that individuals accessing or receiving wagering advertising content have registered accounts; and
- ensure that registered individuals may opt-out of accessing or receiving wagering advertising content.
This includes:
- having appropriate governance, control and risk management;
- ensuring any technology used is appropriate, reliable, accessible, inclusive and functional;
- having appropriate procedures to identify and remediate problems; and
- any additional requirements specified by the ACMA.
Carve outs apply in relation to dedicated racing and wagering online content services and certain online simulcasts.
A "restricted user" is anyone who is under 18, has not confirmed their age, is not using a registered account, or has opted out.
Online content service providers are subject to specific privacy restrictions. They must not collect government issued identification material or use an accredited service within the meaning of the Digital ID Act 2024 (Cth) unless an alternative means of assuring the provider that the individual is over 18 is provided.
Provision of a means to opt out
As noted above, the steps required of online content services include taking reasonable steps to ensure that individuals may opt out of accessing or receiving wagering advertising content. This requires provision of a clear, simple, effective and easily accessible means by which an individual may request not to access or receive wagering advertising content provided by the online content service.
The online content service provider must also prominently provide on its service information about how to opt out.
If the ACMA considers that a person has not taken sufficient steps to comply with the above, then it may issue a notice directing the person to take specified steps. Failure to comply with a notice within 30 days attracts a penalty.
Prohibition on providing wagering advertising content to restricted users
An additional prohibition applies to providers of online content services. It prohibits the delivery of wagering advertising content on the online content service to (or attempted delivery to) or permitting access to such content by, an individual who is a restricted user. The prohibition does not apply where reasonable precautions, and reasonable due diligence, were taken to be satisfied that the online content service provider has taken, or will take, reasonable steps to prevent restricted users from accessing or receiving wagering advertising content. It also does not apply in relation to dedicated racing or wagering online content services, and certain simulcasts.
Prohibition on providing wagering advertising content during live sports coverage
There is also a prohibition on providing an online content service on which wagering advertising content is provided in Australia in conjunction with live coverage of a sporting event. The prohibition applies at all times. During the period 5.00am to 8.30pm, wagering advertising content is taken to be “in conjunction with” a sporting event if it is provided during the period starting 15 minutes prior to the event and ending five minutes after the event. During the period from 8.30pm to 5.00am, wagering advertising content is taken to be “in conjunction with” a sporting event if it is provided during the period beginning immediately before the event, and ending immediately after it.
A “sporting event” is defined to include a single sports event, match or game (which may extend over multiple days), tournaments for a single sports event that involves concurrent or consecutive games or matches, whether or a single day or multiple days and an electronic sports competition, whether inside or outside Australia. Importantly, the “sporting event” definition excludes a horse race, a harness race or a greyhound race.
Particular features of online application
Particular features of the Gambling Reform Act for online content service providers to be aware of include:
- Primary liability for online content services: online content service platforms (defined to include social media platforms, streaming services, websites, apps and messaging services) will be liable for any non-compliant wagering advertisements that appear on its platform in Australia, including where the wagering advertising content is delivered to or attempted to be delivered to, or accessed by, an individual who is a restricted user, unless they can show that reasonable steps have been taken as described above.
- Per-instance penalties: each time non-compliant wagering advertising content is provided on the online content service constitutes a separate contravention, meaning that exposure for online content services will scale with audience size.
- Reasonable steps exception: as explained above, certain civil penalties do not apply where relevant reasonable steps obligations are met. This is in line with the approach taken in the Online Safety Act 2021 (Cth) and the Scams Prevention Framework(included in the Competition and Consumer Act 2010 (Cth)), which is to focus on ensuring that appropriate compliance mechanisms are in place;
- Standards of ‘reasonableness’ can be adjusted: the ACMA can specify requirements affecting the standard of “reasonableness” under the Act at any time by legislative instrument.
Additional rules applicable to broadcasters, datacasters and online simulcasts
Live sporting events
There is a prohibition on broadcasting and datacasting of wagering advertising content in Australia in conjunction with the live coverage of a sporting event (defined above). Between 5.00am to 8.30pm, wagering advertising content is taken to be broadcast or datacast in conjunction with the live coverage of the sporting event if it is provided in the period from 15 minutes prior to the sporting event, and five minutes after the event and including if it is shown in a scheduled or unscheduled break in the content. In the period from 8.30pm to 5.00am, the wagering advertising content will be taken to be in conjunction with the live sporting event if it is provided during the period beginning immediately before the event and ending immediately after it. Any content shown during a scheduled or unscheduled break in the sporting event is taken not to be in conjunction with live coverage of the event during this night time period.
Frequency cap for daytime wagering advertising content on television
The cap limits the total number of times that wagering advertising content is broadcast or datacast on the particular channel to 3 during any 60-minute period that occurs from 5.00am to 8.30pm. Penalties apply if this is exceeded. A similar cap applies in relation to online television simulcast services where a notice is in force. Exceptions apply in relation to dedicated racing and wagering programs.
Radio at school drop off and pick up times
There is a prohibition on radio broadcasting of wagering advertising content from 8.00am to 9.00am or 3.00pm to 4.00pm. This is subject to an exception for dedicated racing or wagering programs or channels. A similar prohibition applies to online radio simulcasts in certain circumstances where a notice has been given.
Other restrictions
A number of additional restrictions apply to licensed interactive wagering services providers. Some key restrictions are set out below. Media and internet organisations should be conscious of these restrictions, and of the risk that for example footage including athletes wearing clothes with wagering advertising content on them will be treated as wagering advertising content for the purpose of the other prohibitions set out above. Authorisation of a contravention is also in most cases itself a contravention.
- Sporting uniforms and venues: licensed interactive wagering service providers must not display wagering advertising content on a uniform worn in connection with a sporting event or premises in connection with a sporting event or an activity related to a sporting event and the display is available to or accessible by, or capable of being seen or heard by the public or section of the public. Note that any broadcaster, datacaster or online service provider considering Showing footage of any uniforms or venues displaying wagering advertising content should consider whether this would contravenes the restrictions above (e.g. restrictions re advertising during live sporting events). The Revised Explanatory Memorandum for the Gambling Reform Act (the EM) may assist. The EM indicates, for example, that the ACMA will consider this on a case by case basis in relation to frequency caps.
- Notable persons: prohibition on licensed wagering service providers entering contract or arrangement that relates to the sponsorship, participation or involvement of a notable person in connection with the promotion of wagering advertising content in Australia.
- Inducements: a licensed interactive wagering service provider must not send a restricted direct marketing message, which offers to provide an inducement to an individual, if the individual is a designated customer. Other inducement restrictions also apply.
- Promotion of odds: prohibition on licensed wagering service providers authorising or causing the broadcast or datacast of promotion of odds, which is the chance of any occurrence or outcome within a game.
- Licensed interactive wagering providers are subject to further specific prohibitions in relation to providing inducements to, and engaging in communications with specific categories of customers.
- There is a prohibition relating to commissions for acquiring, retaining, reactivating, managing or referring customers to a licensed interactive wagering service in certain circumstances.
- Licensed interactive wagering service providers are also subject to specific obligations in relation to individuals considered to be a risk of gambling-related harm.
Some prohibitions apply to other entities:
- Authorised deposit-taking institutions and payment system participants must prevent, so far as reasonably practicable, the transfer of funds related to designated (prohibited or unlicensed) interactive gambling services.
- ISPs, DNS providers, app distribution service providers, and internet search engine providers must prevent, so far as reasonably practicable, their infrastructure and facilities and services provided from being used in connection with the provision of, or access to, a designated interactive gambling with an Australian-customer link. The ACMA may issue guidance on what is “reasonably practicable”.