Gambling advertising and marketing

Advertising restrictions

In summary, you must not publish or disseminate any gambling advertising in any form that:

• shows children gambling
• suggests that winning will be a definite outcome, or that patrons will gain financially
• promotes the consumption of alcohol while gambling
• is offensive.

Taglines 

You must use specific taglines and calls to action in your advertising.

You must include the standard message: ‘For free and confidential support call 1800 858 858 or visit gamblinghelponline.org.au’ or the modified message ‘For free and confidential support, call the number on the screen or visit the website, depending on the medium used.

Depending on what medium you’re advertising through (television, radio, social media, websites, internet applications, print and direct marketing), you must also include one of the following taglines:

• Chances are you’re about to lose.
• Think. Is this a bet you really want to place?
• What’s gambling really costing you?
• What are you prepared to lose today? Set a deposit limit.
• Imagine what you could be buying instead.
• You win some. You lose more.
• What are you really gambling with?

You can view the specific requirements in the March 2023 harm minimisation Ministerial Direction

You must keep a copy of any gambling advertising (in print or electronic form) for 12 months after the end of any advertising campaign so it is available for inspection.

Static betting advertising

You are only able to advertise:

• inside a wagering outlet, or a shop that provides your service
• at a sportsground or racecourse
• on a vehicle.

There’s nothing preventing you from displaying your logo and name on your corporate building. Beyond that, you might want to seek advice on where you can place your brand.

Billboards, sign, hoarding, banner or digital billboard

If you are advertising on a billboard, sign, hoarding, banner or digital billboard, it cannot be:

• within 150 metres of a school, even if the advertising is indoors (although some exemptions apply around sportsgrounds and racecourses)
• on public transport or infrastructure, including trams, trains, ferries, buses, taxis, train stations, bus shelters and tram stops
• on or above roads, road reserves and road infrastructure. This includes main roads, arterials, freeways and tollways, as well as traffic control signs, embankments and noise walls. If in doubt, check the Register of public roads

A-frame signs

You cannot place gambling advertising A-frame displays on a footpath within 150 metres of a school.

Gaming venues, newsagents or service stations who advertise on behalf of a wagering service provider, should check advertising requirements with the provider.

Third party advertising

If within 150 metres of a school, traders may only display gambling advertising that is visible from inside a shop.

Gaming venues, newsagents or service stations who advertise on behalf of a wagering service provider, should check advertising requirements with the provider.

Static betting advertising does not include TV, radio or digital media such as websites or social media, or commercial print media such as magazines and newspapers.

Direct marketing

Direct Marketing also has specific rules. You (or persons acting on your behalf) must not:

• send direct marketing to customers without their express consent and where consent is given, a wagering service provider must not send direct marketing unless the customer can easily unsubscribe to receiving direct marketing
• send direct marketing to customers who have unsubscribed, and
• provide any credits, vouchers or rewards to customers to encourage them to consent to receive direct marketing.

You must also ensure that new customers can create a betting account without being required to consent to receive direct marketing or being required to take additional steps to opt out of receiving direct marketing.

Advertising during live sport, children’s programs, or socially irresponsible gambling ads

Gambling advertising during live sport broadcasts, children’s programs or socially irresponsible gambling ads are covered by a number of rules approved by the Australian Communications and Media Authority (ACMA).

Anyone who breaks the rules may face criminal charges and/or civil penalties. This includes anyone who helps someone break the rules. Civil penalties can be up to:

• $2,347,500 per day for an individual
• $11,737,500 per day for a corporation.

Information on these rules can be found on the ACMA website.

If you have any questions about your advertising obligations, please contact us.