Advertising and Marketing

We work closely with clients, including bookmakers, wagering providers, lottery operators, cruise ship operators, and affiliate partners, to implement compliance frameworks and to review and approve advertising content before it reaches the public, ensuring it complies with Australian advertising laws and regulations.

How we Assist with Gambling Advertising and Marketing Compliance

Our approach is thorough yet straightforward. We review marketing material, from simple copy to entire campaign concepts, helping to identify any potential areas of legal or regulatory concern early on and remove the risk of unexpected breaches and sanctions down the line. We also implement marketing compliance frameworks and training to ensure staff and service providers are aware of, and compliant with, applicable laws and regulations. Regulatory expectations have consistently risen over recent years and it is clear that even inadvertent non-compliance can lead to serious (and costly) sanctions.

We understand regulatory priorities and work directly with our clients to ensure new advertising and marketing initiatives comply with the applicable rules and guidance for gambling advertising, including applicable rules associated with responsible gambling, codes of practice, spam and privacy.

Our team provides advice on gambling advertising and marketing compliance, including the following:

• Overarching marketing strategies and associated promotional concepts.

• Video content produced for television, streaming, social media and digital platforms.

• Graphic content produced for social media and digital platforms.

• Artwork intended for exterior signage and billboards.

• Print material, including internally displayed posters and flyers.

• Audio advertising intended for radio and podcast streaming.

• Content produced for email, text and in-app promotion.

Advertising and Marketing Guide 

Senet has developed an Advertising and Marketing Guide for the gambling industry that can be customised for clients. This guide serves as a valuable reference for both internal and external marketing teams developing campaigns and content. It is important for all advertisers to implement a compliance framework and safeguards to ensure that marketing communications remain compliant.

Online Gambling Advertising

Advertising online gambling in Australia is regulated both at a federal and state and territory level. This includes prohibitions on activities such as: promoting the consumption of alcohol while engaged in wagering or sports betting activities or publishing advertising which suggests that participation is likely to improve a person’s financial prospects. Australian Consumer Law also applies to online (and conventional) gambling advertising, including prohibitions on engaging in misleading or deceptive conduct. In many cases, gambling advertising must also incorporate mandatory messaging designed to draw awareness to risks of gambling harm and available services.

Penalties for breaches can be significant, and regulators actively monitor and take action in the event of perceived non-compliance. Creating an advertising campaign is a significant investment of time and finances, so imagine launching your campaign only to find that it is perceived to breach gambling advertising laws? Having to pull a campaign mid-flight or having to respond to non-compliance enforcement action from a regulator can be extremely disruptive and damaging to a brand. Before launching or promoting an online gambling service in Australia, it is important to ensure that you’re fully aware of the regulatory requirements. Talk to the team at Senet about the guidance we can offer to ensure you are compliant with the relevant laws and regulations before advertising your product or service.

Enforcing Regulations on Gambling Advertising

At a federal level, gambling advertising and other activity is regulated, and the rules are enforced, by the Australia Communications and Media Authority (ACMA), who are empowered by the Interactive Gambling Act 2001 (Cth) (IGA). ACMA maintains a complaints process for consumers who think that the rules have been breached. Ad Standards also operates a complaints handling system in relation to the Australian Association of National Advertisers (AANA) Code of Ethics and Wagering Advertising Code. 

At a state and territory level, the regulations on gambling advertising are enforced by a range of bodies.

It is important that a gambling start up or established operation, whether based in Australia or overseas, is aware of and compliant with the regulations of each state and territory.