ACMA Sets Out Notable-Person Ban for Gambling Ads
Australia's communications regulator has now published its breakdown of the marketing restrictions that will hit licensed wagering operators once the country's latest reform package takes effect. The Australian Communications and Media Authority (ACMA) issued the guidance after the legislation cleared Parliament on 19 August. Start date: 1 January 2027.
At the centre of it all sits a ban on notable persons appearing in any form of gambling advertising. Broadcast television, radio, online channels, social media. All of it. And the prohibition isn't limited to paid endorsements. Licensed wagering service providers (LIWSPs) will also be barred from entering sponsorship arrangements or any other agreement involving a notable person.
Deliberately broad, the definition of a notable person. It takes in current and former professional athletes, current and former celebrities, current and former social media influencers, and current and former prominent individuals. Further classes of persons can be added by determination of the Minister for Communications. According to the ACMA, the scope reaches beyond people who might appeal to children. A recognisable figure can also prompt someone already at risk of gambling harm to resume that behaviour, and that's the second reason the rules go so wide.
Enforcement sits with the operator, not the individual. LIWSPs carry full responsibility for compliance, and any breach or subsequent action falls solely on the licensee. For contract drafting, that matters. An operator can't point to a sponsored athlete or a hired influencer and shift liability.
The regulator has also set out how it will judge whether a person is genuinely acting as a notable person in promotional material. Several factors feed the assessment: whether the individual represents or is engaged with an LIWSP for personal benefit; whether the promotion is closely tied to their personal or professional life; how recognisable their public profile is, whether nationally or within a particular community; how often they appear in media; whether notable achievements have raised their profile; and their overall capacity to influence other people's decisions.
One point deserves attention from anyone signing long-term deals. A person may not meet the notable-person test when a contract is signed and still cross it during the life of that contract. Influencers are the obvious risk here, since a following can grow quickly. Where that happens, the ACMA says the advertising content can no longer be shown. Monitoring clauses and exit terms need to be built into agreements, not just a check at signing.
Parliament passed the reform package on 19 August, and the ACMA's guidance is meant to give operators time to adjust before the 1 January 2027 commencement. Until then, LIWSPs should review existing sponsorships, ambassador deals and creative assets against the notable-person criteria. Review processes for campaigns that run across the transition should go in place too.