Gambling advertising reforms: what publishers need to know

Australia's gambling advertising rules are changing, and the implications extend beyond bookmakers, broadcasters and sporting organisations.

For publishers, the reforms will be particularly important for digital advertising, sponsored and branded content, affiliate arrangements, social media and other online commercial activity involving wagering operators.

The Federal Government's gambling reform package is scheduled to commence from 1 January 2027, with the Australian Communications and Media Authority (ACMA) responsible for implementation and enforcement.

WHAT'S CHANGING?

The reforms significantly tighten the circumstances in which wagering advertising can be delivered to Australian audiences.

Among the changes are:

• stronger restrictions around wagering advertising associated with live sport

• tighter controls on the frequency and timing of wagering advertising

• additional protections around children's programming and exposure of children to wagering advertising

• restrictions on inducement-based marketing

• restrictions on commissions to staff or affiliates that are based on customer gambling activity; and

• a new Wagering Advertising Opt-out Register, intended to enable Australians to opt out of receiving wagering advertising online.

Online services will also be required to make opt-out functionality easily accessible and prominent.

WHY DOES THIS MATTER TO PUBLISHERS?

One of the important features of the reforms is their application to the online environment.

This means publishers should not think of the reforms simply as new rules for television commercials or advertisements shown during sport.

Digital publisher environments can potentially be affected, including:

• display and programmatic advertising

• publisher websites and apps

• sponsored and branded content

• native advertising

• video and audio content delivered online

• social media

• newsletters and other digital communications; and

• affiliate and performance-based arrangements.

The practical question will therefore increasingly be not simply "Is this a gambling ad?", but also how, where and to whom is the content being delivered?

DIGITAL ADVERTISING WILL REQUIRE PARTICULAR ATTENTION

Under the new framework, wagering advertising online will be subject to substantially tighter controls.

Publishers and platforms will need to consider the mechanisms by which wagering advertising is served and whether users who should not receive that advertising can effectively be excluded.

The introduction of the Wagering Advertising Opt-out Register adds another important layer. Once operational, individuals will be able to indicate that they do not wish to receive wagering advertising online, with that preference intended to operate across online services.

The detailed technical operation of the Register and the respective responsibilities of wagering providers, publishers, platforms and ad-tech participants will therefore be important.

Publishers should expect further ACMA guidance as implementation progresses.

WHAT ABOUT PRINT?

The reforms should not be interpreted as a general prohibition on gambling advertising in newspapers or magazines.

The new federal measures have a particular focus on broadcast, sport and online advertising. Accordingly, the regulatory position for a traditional print advertisement is different from advertising delivered through a publisher's digital platforms.

However, existing gambling advertising requirements and State and Territory restrictions continue to apply, and publishers should continue to assess print campaigns against the laws applicable to the relevant gambling activity and jurisdiction.

This distinction will be particularly important for campaigns running across both print and digital. Creative that may be capable of appearing in a print publication should not automatically be assumed to be suitable for the publisher's website, app or social channels.

NATIVE AND BRANDED CONTENT STILL NEEDS TO BE CONSIDERED

Publishers should also be cautious about assuming that presenting commercial wagering material as an "article", "native content", "sponsored content" or another editorial-style format takes it outside gambling advertising regulation.

The substance, presentation and commercial purpose of the content remain important.

Care should be taken where content:

• promotes or draws attention to a wagering provider

• encourages participation or account activity

• includes odds, offers, promotions or inducements

• links directly to a wagering service

• incorporates promotional calls to action

• uses talent, athletes, celebrities or influencers in connection with wagering promotion; or

• is produced under a commercial arrangement with a wagering operator.

The distinction between genuine editorial reporting about gambling and commercial content promoting gambling will remain important.

AFFILIATE ARRANGEMENTS ARE ANOTHER AREA TO WATCH

The reforms also tighten the position around commissions linked to customer gambling activity.

Publishers operating affiliate or performance marketing arrangements with wagering providers should review how those arrangements are structured.

Commercial models under which remuneration increases according to customer betting activity, losses, turnover or similar activity may raise significantly different issues from conventional fixed-fee advertising arrangements.

This is an area where publishers should ensure that both the content and the underlying commercial arrangement have been reviewed.

EDITORIAL CONTENT IS NOT AUTOMATICALLY GAMBLING ADVERTISING

The reforms do not mean publishers cannot report on gambling, wagering companies, racing, sport or gambling policy.

Legitimate editorial journalism remains distinguishable from advertising.

However, the distinction can become less clear where editorial-style content contains commercial links, affiliate relationships, bookmaker promotions, promotional odds or other mechanisms that encourage the reader to access or use a wagering service.

Publishers should therefore continue to maintain a clear separation between independent editorial coverage and commercial wagering content.

WHAT SHOULD PUBLISHERS BE DOING NOW?

With commencement scheduled for 1 January 2027, publishers should use the intervening period to review their gambling advertising arrangements rather than waiting until the new regime takes effect.

Publishers should consider:

Digital inventory: Identify where wagering advertising can currently appear across websites, apps, video, audio, newsletters and other online environments.

Ad-serving and targeting: Understand whether existing systems will be capable of accommodating the new restrictions and the Wagering Advertising Opt-out Register.

Commercial content: Review native, branded, sponsored and social content processes involving wagering businesses.

Affiliate arrangements: Check remuneration models and whether commissions or other payments are linked to customer gambling activity.

Cross-platform campaigns: Do not assume that because creative is suitable for print it will necessarily be suitable online.

Editorial/commercial separation: Maintain clear distinctions between independent journalism and paid or commercially influenced wagering content.

Contracts and responsibilities: Consider whether insertion orders, advertising terms and commercial agreements clearly allocate responsibility for compliance with the new requirements.

THE KEY TAKEAWAY

The gambling reforms are not simply a broadcasting issue.

For publishers, digital distribution is where some of the most significant compliance changes will occur.

The regulatory assessment will increasingly need to consider not only what a wagering advertisement says, but where it appears, how it is delivered, who can receive it and the commercial arrangements sitting behind it.

Print and digital should therefore not automatically be treated in the same way.

AdReview will continue to monitor the legislation and ACMA guidance as the implementation details are finalised ahead of the January 2027 commencement.