ACMA publishes wagering ad rules on "notable people"

• ACMA seeks to clarify rules on wagering ads involving "notable persons"
• The regulator has published initial guidance but has cautioned that there is no set follower count or other numerical threshold determining whether a person qualifies
• ACMA may be seeking to limit the impact of influential figures in driving traffic to gambling platforms - some of which are not locally regulated - helping make gambling safer

The Australian Communications and Media Authority (ACMA) has published initial guidance on how notable persons and gambling platforms may or may not interact.

Essentially, notable persons won’t be allowed to be shown as part of gambling companies’ advertising starting on January 1, 2027, whether these ads concern broadcasts or online promotional materials, subject to exceptions.

Gambling companies will be barred from entering partnerships with notable persons when it comes to the promotion of wagering ads in the country. The rules set out tentative guidance on whom gambling companies must avoid:

• a current or former professional sports player or athlete
• a current or former celebrity
• a current or former social media influencer
• a current or former prominent individual
• a person included in a class of persons that the Minister determines

ACMA’s initial guidance is also intended to clarify ambiguities such as who qualifies as a notable person, what relevant considerations ACMA may use to assess alleged contraventions, how the prohibition will operate, and relevant exceptions.

Once the reforms are enacted, they will be enforced by ACMA, which will be the body responsible for enforcing them. ACMA is also specifically looking to address social media influencers, who have been increasingly collaborating with operators - including offshore brands- to promote gaming messaging.

ACMA has adopted a broad definition of "notable person" and outlined the factors it will consider when determining whether an individual falls within this category. The regulator has not provided a definitive list or numerical threshold on who may fall under this category.

The regulator will exercise its own discretion to determine what people fall in the notable persons category, and an individual who previously was not classified as such may be reclassified in the future. Operators may need to withdraw advertising with people whose status changes.

Influencers cannot rely on metrics such as followers or subscribers to gauge whether they would fall under this enforcement measure.

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