The short version
- A new centralized register will allow Australians to opt out of online gambling ads across multiple platforms simultaneously.
- The wagering industry will fund the administration of this system through a specific levy imposed on licensed providers.
- Legislation also targets inducements and commission-based referrals, though it does not implement a complete advertising ban.
The Australian government has introduced legislation to establish a centralized opt-out register for online gambling advertisements, aiming to simplify the process for consumers who wish to avoid such content. This measure represents a significant shift in regulatory approach, moving away from fragmented platform-specific settings toward a unified mechanism administered by the Australian Communications and Media Authority. The initiative is part of broader amendments to wagering advertising laws, designed to address concerns about the accessibility and effectiveness of current consumer protections.
Under the proposed framework, individuals will be able to use a single service to block gambling ads across various online content providers, similar to how existing do-not-call registers operate for telemarketing. Communications Minister Anika Wells emphasized that this one-stop shop addresses evidence presented during Senate inquiries indicating that users often struggle to locate or complete individual opt-out options on streaming services and social media platforms. The goal is to reduce the friction associated with opting out, thereby making it easier for consumers to control their exposure to wagering promotions.
Funding for this new register will come directly from the gambling industry rather than taxpayers. Licensed interactive wagering service providers will face a new levy to cover the costs of establishing and maintaining the system. Wells stated that it is appropriate for the industry to bear these regulatory expenses, reflecting a principle that those profiting from wagering activities should fund the mechanisms designed to mitigate associated harms. This financial structure aims to ensure the sustainability of the register without imposing additional burdens on the public budget.
The legislation also includes stricter rules regarding inducements and marketing practices. The government plans to restrict the use of incentives by licensed providers and prohibit inducement-based direct marketing and social media advertising targeted at certain customer groups. Additionally, the bill seeks to limit attempts to obtain consent for such marketing and ban specific commission-based referral arrangements. These measures respond to concerns that such practices encourage gambling behavior and exacerbate harm, particularly among vulnerable populations.
Despite these enhancements, the proposed reforms fall short of more stringent demands from some lawmakers and advocacy groups. Critics, including members of both Labor and Liberal parties, have called for an opt-in model where ads are only shown to users who explicitly consent, or even a complete ban on online gambling advertising. The 2023 parliamentary report led by Peta Murphy recommended a full ban, but the initial government bill opted for a triple-lock system requiring users to be logged in, over eighteen, and provided with an opt-out feature.
Advocates against gambling harm have criticized the previous triple-lock approach, noting that existing opt-out features on digital platforms are often difficult to find and rarely used. Evidence suggests that only a small fraction of users actively engage with these settings, leaving many exposed to advertising they may wish to avoid. The new centralized register is intended as a compromise, offering a more accessible avenue for opting out without implementing the sweeping prohibitions sought by some stakeholders.
The legislative package is expected to move quickly through parliament, with government sources indicating hopes that the changes contained in two separate bills will pass both houses before the end of the week. A Senate inquiry into the government’s bill is scheduled to be tabled on Monday afternoon, providing further scrutiny of the proposed measures. However, the opposition Coalition has not yet publicly committed to supporting the package, leaving the final outcome uncertain.
While the government has outlined its intentions and introduced a third bill detailing specific changes, many operational details of the opt-out register remain unclear. Neither Wells’ parliamentary speech nor the explanatory memorandum provides a comprehensive explanation of how the system will function in practice. Questions regarding user verification, enforcement mechanisms, and the scope of coverage across different online platforms are yet to be fully answered, leaving room for further debate and potential amendments as the legislation progresses.
Sources behind this briefing
Go to the original reporting
- The Guardian World↗Labor pledges opt-out register for online gambling ads akin to Do Not Call register for spam calls
