top of page
fnlogo.png

Australia Sets Out First Guidance on Ban on Notable People in Gambling Advertising

14 minutes ago
6 min read

New rules targeting athletes, celebrities and social media influencers will take effect on 1 January 2027, requiring wagering operators and their marketing partners to reassess advertising campaigns, sponsorship agreements and promotional contracts.


Australia Sets Out First Guidance on Ban on Notable People in Gambling Advertising

 

Australia’s communications regulator has issued its first industry guidance on a forthcoming prohibition against the use of notable people in gambling advertising, providing greater clarity on how the new restrictions will be interpreted and enforced ahead of their commencement on 1 January 2027.

 

The Australian Communications and Media Authority (ACMA) has outlined the scope of the prohibition, the categories of individuals covered, the circumstances in which advertising may breach the rules and the responsibilities of businesses involved in producing, authorising or distributing gambling promotions.

 

The guidance arrives less than three months before the new requirements take effect, leaving licensed wagering operators, advertising agencies, affiliates, broadcasters and publishers with a limited period to review their existing marketing arrangements and prepare for compliance.

 

Under the new framework, gambling advertisements must not feature a notable person, whether they are broadcast through traditional media or distributed online. Licensed interactive wagering service providers will also be prohibited from entering into contracts or other arrangements involving the sponsorship, participation or involvement of a notable person in the promotion of wagering advertising content in Australia.

 

The restrictions will apply across a broad range of platforms, including broadcast television, radio, news websites, online games and social media.

 

Broad definition extends beyond active celebrities and athletes

The legislation defines a notable person as a current or former professional sports player or athlete, celebrity, social media influencer or prominent individual. The responsible minister may also extend the definition to additional classes of people through a formal determination.

 

The inclusion of former figures is particularly significant for the Australian wagering industry, where retired athletes, former sporting champions and established media personalities have frequently been used as brand ambassadors and promotional representatives.

 

The prohibition is not limited to people who are actively competing, regularly appearing in the public eye or currently operating as influencers. Former athletes and influencers may also fall within its scope, potentially affecting longstanding endorsement arrangements and advertising campaigns that have relied on their public recognition.

 

ACMA’s initial guidance provides examples intended to help businesses determine which individuals may be covered by the definition and which may fall outside it. It also explains the factors the regulator may consider when investigating potential breaches and how the prohibition will operate in practice.

 

Particular attention is given to the legislative provisions concerning the act of causing or authorising gambling advertisements. These provisions are relevant not only to wagering operators but also to affiliates, advertising agencies, media partners and other organisations involved in developing, approving or distributing promotional material.

 

The guidance also addresses applicable exceptions, including those relating to dedicated racing services, channels and programmes. ACMA has indicated that it may issue further formal guidance on the provision if necessary.

 

Compliance responsibility rests with wagering operators

The regulator’s approach leaves the definition of a notable person deliberately broad rather than restricting it to a narrow, clearly enumerated list of celebrities or public figures.

 

An 11-page guidance document, as reported on 19 October, describes the definition as intentionally expansive, designed to capture individuals whom wagering providers might use to encourage gambling through their association with a brand or campaign.

 

This breadth creates practical challenges for businesses assessing whether a proposed spokesperson, ambassador or other individual can lawfully appear in wagering advertising. Operators will need to consider not only an individual's current public profile but also whether their circumstances could change over time.

 

Responsibility for compliance rests with the licensed wagering operator rather than the individual appearing in an advertisement. Consequently, operators cannot simply assume that an existing endorsement or previously approved campaign will remain permissible throughout its intended lifespan.

 

A person's status may change, potentially requiring an operator to withdraw advertising that was initially considered compliant. This possibility makes ongoing monitoring an important part of compliance, alongside the initial review of marketing material and contractual arrangements.

 

For businesses using sporting ambassadors and influencer partnerships, the new requirements may necessitate changes to advertising production, approval processes, contractual safeguards and the monitoring of campaigns already in circulation.


Gambling License

 

Guidance follows criticism during Senate inquiry

The publication of ACMA’s guidance follows concerns raised during a Senate inquiry into the legislation, particularly about how widely the term “notable person” might be interpreted.

 

At a hearing on 4 August 2026, Senator Sarah Hanson-Young clashed with the regulator over the provision. Sportsbet also raised concerns about the breadth of the draft definition, warning that “anyone with an Instagram account” could potentially be caught by the rules.

 

The debate highlighted uncertainty over the extent to which the proposed restrictions might reach beyond prominent celebrities and elite sporting figures to include people whose public profiles are primarily established through social media.

 

Sportsbet, TAB and Responsible Wagering Australia supported the government’s broader reform package during the inquiry but cautioned against extending the measures to a complete prohibition on gambling advertising. They argued that a total ban could push Australian punters towards illegal offshore gambling operators.

 

Despite those concerns, the final approach retains a broad definition of notable people. The newly issued guidance is intended to help industry participants interpret that definition and understand the practical consequences of the prohibition, rather than substantially narrowing the range of people who may be covered.

 

The issue is particularly relevant to an industry in which public personalities have traditionally been used to establish brand recognition, attract customers and promote wagering services across broadcast and digital channels.

 

Part of a wider gambling reform package

The notable-person restriction forms part of the Interactive Gambling Amendment (Gambling Reform) Bill 2026, which passed the Australian Parliament on 19 August 2026.

 

The legislation introduces a wider series of restrictions and enforcement measures intended to change how wagering services are advertised and regulated.

 

Alongside the prohibition on notable people in gambling promotions, the package restricts wagering advertising during live sport and in sports venues. It also prohibits the direct marketing of inducements to at-risk customers, strengthens enforcement against illegal gambling services and strengthens the national BetStop self-exclusion register. The reforms additionally target harmful and emerging online lottery products.

 

All these measures are scheduled to commence on 1 January 2027, with ACMA responsible for monitoring and enforcing compliance, including providing guidance to the industry.

 

Two companion bills passed on the same day as the principal legislation: the National Self-Exclusion Register (Cost Recovery Levy) Bill 2026 and the Interactive Gambling (Cost Recovery Levy) Bill 2026.

 

These measures establish mechanisms through which the government can recover costs associated with promoting BetStop from wagering companies, enforcing the new restrictions on inducements and developing a wagering advertising opt-out register.

 

Taken together, the reforms extend beyond the content of individual advertisements. They affect the channels through which wagering promotions can appear, the customers to whom inducements may be marketed, the role of public personalities in advertising and the regulatory framework governing illegal gambling services.

 

Operators face a short compliance window

With the commencement date approaching, attention is shifting from the development of the rules to their practical implementation.

 

Operators that have built their marketing strategies around sporting ambassadors, celebrity endorsements and influencer partnerships will need to assess existing contracts, sponsorship arrangements and advertising creative before the end of the year.

 

The review will need to account for the breadth of the statutory definition, the inclusion of former as well as current public figures, the restrictions on entering into promotional arrangements and the possibility that a person's status could change after an advertisement has been approved.

 

Advertising agencies, affiliates, broadcasters and publishers will also need to understand how their activities may intersect with the provisions governing the creation, authorisation and distribution of gambling advertising.

 

The guidance provides an initial framework for those decisions, although ACMA has left open the possibility of issuing further formal clarification.

 

The 1 January 2027 deadline therefore represents a significant operational milestone for Australia’s wagering sector. Businesses will need to establish whether their existing campaigns can continue, determine which partnerships require amendment or termination, and put procedures in place to identify and respond to potential compliance issues.

 

The immediate challenge is translating the regulator’s broad definition into workable internal controls while ensuring that advertising, sponsorship and promotional activities comply with the new framework from the date it takes effect.

By fLEXI tEAM

Comments


bottom of page