Sports and Esports as Conduits for Gambling: The Legal Regulation of Gambling Advertising in Australia

Abstract

Australians are some of the highest consumers of gambling products in the world and, per capita, their resultant losses may also be among the highest. This article considers the Australian legal regulatory landscapes that govern both sports (including Esports) gambling and, specifically, the advertising of sports gambling products. Although gambling in Australia is highly regulated, this article reveals significant gaps that create opportunities for gambling service providers to target consumers of sport (especially young people) to market their products and further embed gambling into sports culture. Ultimately, the article offers policy-based legal reforms to curb the enticement of young people into gambling. These reforms include introducing legislation banning the advertisement of gambling service providers: (1) on public roads, public transport and near schools; (2) after 8:30pm during breaks in live broadcast sporting events; (3) during highlights, replays or on-demand sporting events (including via internet streaming); and (4), via signage (including electronic signage), branding, or promotion as part of sponsoring a sporting event, club, or venue. In the light of the June 2023 Senate Committee Report on online gambling, the possibility of more wide-ranging reforms, including a ban on all advertisements of online gambling on sport, may even be achievable. That particular reform is one that we would support.