Broadcasting Services Amendment (Prohibition of Gambling Advertisements) Bill 2024

High-Level Summary

Amends the Broadcasting Services Act 1992 to: prohibit the broadcasting of gambling advertisements on certain television and radio broadcasting services; and prohibit the provision of gambling advertisements on certain online content services.


Summary
The Broadcasting Services Amendment (Prohibition of Gambling Advertisements) Bill 2024 seeks to amend the Broadcasting Services Act 1992, introducing a comprehensive ban on gambling advertisements across specified broadcasting and online platforms. This includes repealing various definitions and regulatory standards related to gambling promotional content and replacing them with prohibitions. Key amendments include the insertion of a new Section 121J, which prohibits broadcasters such as commercial television and radio licensees, subscription television, and radio services from airing gambling ads. Further, the bill stipulates that the Australian Communications and Media Authority (ACMA) can enforce compliance and issue penalties for violations. The bill also aligns with existing prohibitions under the Interactive Gambling Act 2001, expanding on the prohibition of certain gambling advertisement types.

Argument For
Normative Bases
  1. Non-Discrimination
  2. Egalitarianism
  3. Social Support / Welfare

The prohibition of gambling advertisements is vital in protecting vulnerable populations, including children and those susceptible to gambling addiction, from harmful exposure. Current regulations are insufficient, and a comprehensive ban is necessary to prevent the normalization of gambling, particularly in sports contexts where young people are impressionable. Surveys indicate significant public support for banning gambling ads, reflecting widespread concern over their societal impact. Public health improvements have been observed in the past with bans on tobacco and alcohol advertising; thus, a similar approach to gambling ads is likely to yield positive social outcomes [Judgment].


Argument Against
Normative Bases
  1. Propertarianism
  2. Value-Neutral / Epistemic Objection

While the intention to protect vulnerable individuals is commendable, the bill could be seen as an overreach that infringes on freedom of expression and the rights of businesses to advertise legal services. The prohibition could have unintended economic impacts, particularly on media companies that rely on advertising revenue. Furthermore, a blanket ban may not be the most effective means of addressing gambling-related harms, as it could drive such advertising to less regulated online platforms, potentially increasing the risk of exposure [Judgment].


Date:

2024-08-19

Status:

Not Proceeding

Sponsor:

DANIEL, Zoe, MP

Portfolio:

Unspecified

Categories:

Consumer Protection, Media / Advertising, Discrimination / Human Rights, Social Support / Welfare

Timeline:
19/08/2024
28/03/2025

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