Gambling ads under review after alleged breaches of anti-harm tagline rules

A key gambling regulator will conduct a comprehensive review of all television, radio and social media gambling ads after uncovering alleged breaches of the federal government’s enforced gambling harm taglines just three months after they were introduced.

Entain, the owner of Ladbrokes and Neds, and ASX-listed BlueBet were issued show-cause notices by Liquor & Gaming NSW last week after allegedly “undermining” the mandatory anti-harm messages at the end of two television advertisements.

The NSW regulator is reviewing all gambling advertisements after two alleged breaches by BlueBet and Entain. Credit: iStock

This masthead can reveal the alleged instances have prompted the regulator to review all wagering advertisements across all platforms since the regulations were introduced in March, despite some wagerers expected to argue no stipulation regarding volume or voice had been outlined to them at the time the requirements were introduced.

“Liquor & Gaming NSW has issued show-cause notices to two betting operators due to irregularities in their TV ads that undermined agreed responsible gambling messages,” the regulator said last week.

One of the operators allegedly turned down the volume of the responsible gambling messaging so it was “barely audible” when compared to the rest of the ad. The other allegedly “drastically” changed the tone of the voice-over when the message was spoken, so the speaker went from “strong and confident to soft and passive”.

BlueBet and Entain declined to comment as the matter is before the regulator.

Online wagering companies are required to add one of seven anti-harm messages to their advertising across TV, video, radio, digital, print and social media, as well as outdoor advertising and promotional advertising since March. The taglines include: “Chances are you’re about to lose”; “What’s gambling really costing you?“; and “What are you prepared to lose today? Set a deposit limit.” They replaced the old “gamble responsibly” tag.

Wagering firms are also required to take reasonable steps to give the taglines equal rotation over a 12-month period to mitigate against message failure.

Any wagering operator found to have failed to provide clear harm-reduction messaging under the national consumer protection framework faces penalties of up to $110,000 in NSW.

The wagering industry is anticipating further restrictions on gambling advertising to be among recommendations given to the federal government following the lengthy parliamentary inquiry into gambling harm. The parliamentary standing committee on social policy and legal affairs is expected to hand down its recommendations in the coming weeks, or as soon as Tuesday.

Committee chair Peta Murphy during a hearing at Parliament House into online gambling.Credit: Alex Ellinghausen

The head of the inquiry, Peta Murphy, is expected to recommend further restrictions on gambling advertising before and after the broadcast of live sport. This policy suggestion has bipartisan support, but peak sporting bodies have cautioned the funding of grassroots sport will be affected by any drop in advertising revenue.

The Guardian announced last week it will stop accepting gambling advertising across all its channels. The ad ban applies to all Guardian services locally and globally, including Britain, where it continues a print edition.

Data from Nielsen’s Ad Intel Panel claims about $310 million was spent by gambling and gaming companies on advertising 2022, most of which came from Sportsbet and Tabcorp. This was an increase on the 2021 figure of $294.3 million.

Sources familiar with this data said more than 50 per cent was spent with commercial television networks, an unsurprising amount given the millions of people broadcasters have the potential to reach. But the second most used medium – and a fast-growing one – was digital advertising, which includes YouTube, TikTok and Instagram.

These figures do not account for the millions of dollars spent by wagering groups on sponsorship of stadiums, sports clubs and competitions. Advertising sources believe the total figure spent by the wagering sector blows out to more than $600 million a year when considering these other less traditional forms of advertising.

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