Australia’s gambling advertising dilemma: reform on the horizon?

Over 640 days ago, the Federal House of Representatives Standing Committee on Social Policy and Legal Affairs published its report on online gambling harm in Australia, ‘You Win Some You Lose More’. The report had bold recommendations, including a ban on all advertising of online wagering. After receiving over 160 submissions and holding 13 public hearings, the committee’s message was unequivocal. Yet, over 18 months later, progress has stalled. So, why the delay, and what does the future of gambling advertising look like?

In January 2025, the federal government announced it would put off any decision on gambling advertising until after the May election. Behind the scenes, internal debates have blocked a compromise that would have banned advertising on social media and internet platforms, and limited TV advertisements at children’s viewing times and around live sporting events.

Publicly, the government claims it needs more consultation to avoid unintended consequences. Some officials have argued that the harms linked to online wagering are less prevalent than those associated with poker machines and lotteries – areas that were outside the report’s scope. Whether this is a delaying tactic, or a sign of effective advocacy from sport and racing bodies or of broader reform, is still unclear.

Meanwhile, the pressure on the government is rising. Opposition leader Peter Dutton has spoken in favour of stricter restrictions on gambling advertisements around live sporting events, but the opposition has not committed to anything concrete. Minor parties, such as the Centre Alliance and the Greens, are calling for full bans on gambling advertising across print, online, TV and radio advertising – a stance that aligns with the report’s recommendations. In February 2025, the Greens even offered to support a proposal like the one that had previously failed to gain internal consensus within the government. These proposals have not gained traction.

Key stakeholders speak out

The government isn’t just facing political heat – it’s also dealing with intense lobbying from several powerful groups:

• Gambling harm advocates and health professionals are highlighting the risks gambling poses to vulnerable people, especially children. They’ve found support in the growing public frustration over the saturation of gambling advertisements in everyday life.

• Bookmakers, already grappling with a competitive market, rising taxes and declining turnover, warn that further restrictions could harm the industry. Smaller operators are especially concerned about their survival, the potential for market consolidation and the reduction in competition.

• Sporting bodies like the Australian Football League (AFL) and National Rugby League (NRL), which depend on gambling sponsorships and product fees tied to bookmaker turnover and/or revenue, are worried that advertising restrictions will lead to funding cuts, including to grassroots sports.

• Free-to-air broadcasters are already losing advertising revenue to digital platforms. Further restrictions on gambling advertising could be a significant blow to their bottom line, forcing them to reconsider their entire business model.

• The racing industry, which relies heavily on gambling taxes paid by bookmakers on their revenue, is warning that advertising restrictions could destabilise the sector, hurting the broader economy in the process.

Unintended consequences: the bigger picture

One lesser-known consequence of limiting gambling advertising is the potential impact on charities and organisations that benefit from gambling taxes. In Victoria, for instance, half of the relevant consumption taxes go towards hospitals, charities and veteran support and commemoration. If gambling revenues drop, the funding for these bodies may also drop. 

Where to from here? Expected areas for reform

While a total ban seems unlikely, here are the key areas likely to be addressed:

• Digital platforms and social media: the government may impose outright bans or introduce new restrictions, limiting advertisements to brand-only content, implementing stricter age-gating, or offering opt-out options like those used on SBS On Demand. Celebrity and influencer endorsements could also face limits, as concerns grow about their role in attracting younger audiences.

• Live sport: expect stricter regulations around gambling advertising and live sporting events. This could include expanding the current restrictions on advertising before, during and after live sporting events and possibly banning advertising in stadiums and on player uniforms.

• Advertisement timing and placement: there will likely be stricter controls on when and where gambling advertisements appear. Limits may be placed on how often they can be shown on TV and radio, alongside blackout periods when children are most likely to be watching.

• Transition period: a phased rollout of restrictions is likely to give the industry time to adjust.

• Racing carve-out: a dedicated exemption for racing-related programming is expected.

While federal reform is stalling, some state and territory governments are taking action. New South Wales, for instance, has recently implemented a complete ban on gambling advertising on public transport. It has also delayed updates to its broader inducement advertising guidance. The Northern Territory has announced it is waiting on the reforms to provide further guidance on its newly introduced wagering legislation.

Reform is inevitable, but the path is uncertain

The future of gambling advertising in Australia is still unclear, but one thing is certain: reform is coming. With recent polling showing the government may be in a minority position after the election, they will likely need the support of smaller parties to govern. This means the smaller parties may have a significant role in shaping the gambling advertising policy. As public pressure mounts and powerful stakeholders continue to lobby, the government will eventually have to make tough decisions. The balance between protecting vulnerable communities and satisfying industry concerns is delicate. One thing is for sure – the political standoff cannot last forever.

Julian Hoskins is recognised by Chambers and Partners Global and Asia Pacific and listed in the GC Powerlist: Australia and New Zealand by Legal500.

With extensive experience, including general counsel roles at Tabcorp, one of the world’s largest gambling and entertainment companies, Julian brings deep industry knowledge and strategic expertise to his clients.

Alexander Norrish is a senior associate at Senet, specialising in complex gambling law and regulatory matters. He provides strategic and commercially focused advice across areas such as proper governance, regulatory compliance, litigation, and investigations.

Prior to joining Senet, Alexander was a member of the solicitors assisting the Royal Commission into the Management of Police Informants, which investigated potential corruption within the criminal justice system.