Broadcasting Services Amendment (Ban on Gambling Advertisements During Live Sport) Bill 2023

High-Level Summary

Amends the Broadcasting Services Act 1992 to ban gambling advertisements during the broadcast of live sporting events on television, radio and live streaming and for one hour before and after the event.


Summary
The Broadcasting Services Amendment (Ban on Gambling Advertisements During Live Sport) Bill 2023 amends section 130M of the Broadcasting Services Act 1992 to prohibit gambling promotional content during live sporting events. Specifically, it mandates that industry codes, registered by the Australian Communications and Media Authority (ACMA), ensure no gambling advertisements are broadcast from one hour before to one hour after a live sporting event. From the explanatory memo:
This ban responds to community concerns about the normalization of gambling behaviors and the exposure of gambling advertisements to children during family viewing times. It builds on previous legislative changes from 2018, which had exceptions based on the time of day and the game. The bill excludes horse racing and promotions for government lotteries, lotto, and keno from these restrictions.
Additional clauses ensure compliance with constitutional matters and outline the transition period for the broadcasting industry to adapt to these changes.

Argument For
Normative Bases
  1. Non-Discrimination
  2. Pro-Democracy
  3. Egalitarianism

The bill should be supported because it addresses significant community concerns about the negative impact of gambling advertisements on children and families. By restricting these ads during live sports, it promotes an environment where children are not prematurely exposed to gambling activities, thereby supporting family values and community health [Judgment]. Additionally, it aligns with egalitarian principles by ensuring that all viewers, regardless of age, have the right to enjoy sporting events without intrusive promotional content. This legislative effort enhances democratic participation by responding to public sentiment and reducing corporate influence in family-centric broadcasts.


Argument Against
Normative Bases
  1. Propertarianism
  2. Same as Opponent

The bill should be opposed because it may infringe on the commercial rights of broadcasters and advertisers to reach their audiences, potentially leading to financial loss for these entities. The restrictions could also set a precedent for further limitations on advertising content, which may not align with the principles of a free market economy [Judgment]. Furthermore, the issue of gambling advertisement exposure could be addressed through alternative means, such as parental controls or more targeted educational campaigns, rather than broad legislative bans.


Date:

2023-06-14

Chamber:

Senate

Status:

Before Senate

Sponsor:

HENDERSON, Sen Sarah

Portfolio:

Unspecified

Categories:

Consumer Protection, Media / Advertising, Discrimination / Human Rights, Civics

Timeline:
14/06/2023
22/06/2023

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