The Bill responds to strong and sustained evidence that extensive exposure to gambling advertising contributes to gambling-related harm, including normalisation of gambling behaviours, increased participation and heightened risks for children, young people and vulnerable individuals.The prohibition is structured into four phases to allow for an "orderly transition" for the media and sporting industries. Phase 1 targets high-risk settings like social media and news programs. Phase 2 extends the ban to live sporting coverage and in-stadia advertising, including player uniforms and boundary signage. Phase 3 introduces a broadcast "blackout" between 6:00 am and 10:00 pm, and Phase 4 completes the comprehensive ban. The Bill defines "advertisement" broadly to include brand names and URLs, but provides targeted exceptions for political communication, factual business information, and harm-reduction messaging. Enforcement is managed by the Australian Communications and Media Authority (ACMA), which is granted powers to investigate complaints and issue formal warnings, infringement notices, or seek injunctions. The Bill also includes provisions for civil and criminal penalties to ensure compliance across broadcast and digital platforms. [Explanatory Memo pages 2-6]
The case for this Bill rests on the overwhelming evidence that the "saturation advertising" of gambling products creates tangible social and economic costs. From a utilitarian perspective, the aggregate harm caused by gambling addiction—including financial ruin, family breakdown, and mental health crises—far outweighs the commercial benefits of the wagering industry [Judgment]. By removing the constant barrage of promotional triggers, the state can effectively lower the "environmental" pressure to gamble, leading to better public health outcomes[1].
Furthermore, the Bill is essential for protecting the rights of children. As noted in the Statement of Compatibility with Human Rights, the Convention on the Rights of the Child requires that the best interests of the child be a primary consideration. Marketing strategies that link gambling with the enjoyment of sport "normalise" risky behaviours before individuals have the cognitive maturity to assess those risks [Judgment]. Finally, the Bill reflects a communitarian desire to reclaim the "public square" and sporting culture from commercial interests that profit from social harm, restoring sport as a community activity rather than a vehicle for wagering [Judgment].
This aligns with the 'public health' model of gambling regulation, which treats gambling as a product with inherent risks similar to tobacco or alcohol.
The primary objection to this Bill is that it represents a significant overreach of state power into the realm of commercial expression and private enterprise. From a propertarian standpoint, licensed wagering providers are engaged in a legal business and should have the right to communicate with potential customers [Judgment]. A total ban on advertising infringes upon the freedom of contract between broadcasters, sporting codes, and advertisers, potentially destabilising the financial viability of free-to-air media and grassroots sports that rely on this revenue.
Additionally, the Bill undermines the principle of individual autonomy for adults. In a free society, individuals should be treated as capable of making their own choices and ignoring advertisements for legal products [Judgment]. Blanket prohibitions treat the entire population as "vulnerable," which is a paternalistic approach that erodes personal responsibility.
Finally, there is an epistemic concern regarding the Bill's effectiveness. While the Bill targets domestic advertising, it cannot easily control the global digital landscape. There is a risk that a total ban will simply drive consumers toward offshore, unregulated gambling sites that offer no consumer protections, thereby exacerbating the very harms the Bill seeks to prevent[1] [Judgment].
Industry groups often argue that domestic restrictions create a 'vacuum' filled by illegal offshore operators who do not contribute to Australian taxes or harm-minimisation funds.
2026-03-30
House of Representatives
Before House of Representatives
CHANEY, Kate, MP
Unspecified
Media / Advertising, Consumer Protection, Healthcare