ACMA rules Foxtel breached ad regs by omitting RG messaging 

Australian TV network Foxtel has been found in breach of the country’s advertising regulations after airing a gambling ad without displaying sufficient responsible gambling (RG) messaging.  

An investigation led by the Australian Media and Communications Authority (ACMA) found the network aired an ad for an unnamed gambling operator during a streamed broadcast of an Australian Football League (AFL) fixture between Port Adelaide and Essendon in April 2024.  

The regulator investigated the ad as a potential breach of the ASTRA Subscription Broadcast Television Codes of Practice 2013. 

The ad in question was a virtual banner containing the name of a gambling operator, with an ‘18+’ logo featured on the right-hand side.

The offending material was shown on Foxtel’s streaming subscription service Kayo. Foxtel stated that due to the broadcast being an “exempt online simulcast service” it was not subject to Online Content Service Provider Rules 2018 (Online Rules).

The ACMA agreed with Foxtel on the simulcast point, but the regulator still determined the lack of sufficient RG messaging constituted a breach.

Foxtel argued that the banner wasn’t a regular gambling ad as it didn’t encourage or direct anyone to use a gambling service, open an account for the operator or download its app. 

The network also said it didn’t contain any links to the operator’s platform, and didn’t reference any specific product or promotion. 

Although the ad didn’t contain any specific call to action, the ACMA still deemed the broadcast was “clearly intended to draw attention to and promote the company”. 

Foxtel also claimed the ‘18+’ logo was sufficient as the Code of Practice doesn’t define what responsible gambling messaging should appear as.

“It is not reasonable in this circumstance to introduce standards of inference which are outside of the Code, and the Code and its provisions should be read at face value,” Foxtel claimed.

An ACMA statement read: “It is the ACMA’s view that the ‘18+’ graphic failed to constitute a ‘responsible gambling message’ and that, in essence, a responsible gambling message must go further than simply indicating that gambling is only available to people over the age of 18.  

“It must emphasise the potential harm, even for adults, if gambling is not undertaken responsibly. Foxtel’s ‘18+’ might warn audiences that the services of the company promoted by the banner are only available to people over 18 years of age, but it does not provide any warning for adults about the risks or potential harm of gambling.  

“It therefore cannot be considered to be a ‘responsible gambling message’ for the purposes of the Code.”

The ACMA also noted that the “18+” graphic was smaller than any of the other letters contained in the banner and the operator’s logo.

“In addition to not being sufficient as a responsible gambling message, the ‘18+’ graphic was not big enough to be readily observed,” ACMA added.

The regulator said that after it raised its concerns with Foxtel, the broadcaster acted quickly to ensure an RG tagline was added to the advertisement. 

Foxtel also agreed to deliver further staff training regarding the regulatory requirements around gambling ads.

The broadcaster will also report back to the ACMA on all the steps it is taking to ensure the gambling ads it broadcasts have sufficient RG messages. 

ACMA member Carolyn Lidgerwood said: “These messages must emphasise the potential harms and risks of gambling if it is not undertaken responsibly. An ‘18+’ logo on its own is not an adequate responsible gambling message.” 

The ACMA found Sydney-based network Network 10 in breach of advertising restrictions back in February for airing ads in a restricted time slot during a broadcast of a Formula 1 practice round.