The Australian Communications and Media Authority (ACMA) has issued a stern warning to social media influencers regarding the promotion of illegal gambling,
The Australian Communications and Media Authority (ACMA) has issued a stern warning to social media influencers regarding the promotion of illegal gambling, highlighting that individuals could face penalties in excess of AUS$2 million for actively marketing black market sites. This comes as the regulator reports a rise in influencers directing Australians to unlicensed online casinos.
ACMA, which regulates online and land-based gambling in Australia, has observed an increase in influencers promoting illegal online casinos through their social media channels, including platforms such as Instagram, Facebook, and TikTok. This activity is in direct breach of the Interactive Gambling Act 2001, which strictly prohibits the promotion of illegal gambling services. Consequently, those found to have violated these rules could face substantial penalties.
It is crucial to note that in Australia, only sports wagering (pre-match) and certain lotteries are legal online through licensed sites and operators. All forms of online casino gaming, as well as in-play sports betting, remain illegal in the country.
The ACMA has unequivocally stated that influencers “must understand the promotion of illegal gambling services in Australia is illegal, and substantial penalties apply.” The regulator emphasizes that “If you’re an influencer and profit from promoting illegal games and wagering services to Australians, you are breaking the law.”
For individual influencers, breaching the law could result in civil penalties of up to AUS$59,400. This could relate to actions such as live streaming an illegal service or offering promotional giveaways via an influencer’s channel. However, those who actively facilitate access to illegal online gambling, such as by providing hyperlinks to websites or engaging in affiliate services, face a maximum penalty of AUS$2.5 million.
The ACMA also underscores the significant risks associated with using illegal gambling services. These services typically do not provide the consumer protections that Australians expect, meaning players can be scammed out of their money with little recourse. Young Australians, who are often highly active online, are particularly vulnerable to these unregulated offerings. The ACMA has warned that influencers may be putting their followers at real risk of harm and is monitoring promotional activities very closely.
The warning to influencers is part of a broader series of enforcement actions undertaken by the ACMA in recent months against operators who have breached regulations. Earlier in June, the ACMA took action against four operators-Buddybet, Ultrabet, VicBet, and Topbet-for breaking rules on gambling self-exclusion. Breaches included VicBet and Topbet sending marketing material to a self-excluded person, and Buddybet failing to close accounts.
In May, the ACMA also penalised Unibet, ordering it to pay AUD$1 million for over 100,000 contraventions of the Interactive Gambling Act 2001 related to self-exclusion failures, including failing to close 954 user accounts in a timely manner after they self-excluded. Similarly, PointsBet Australia faced an AUD$500,800 penalty for spamming and self-exclusion failings, including sending over 800 messages without an unsubscribe option and delaying account closures for self-excluded users. Overall, the ACMA has penalised businesses over $16.9 million for spam breaches across various industries within the last 18 months, indicating a robust enforcement drive. Internet service providers this year have also been ordered to block 16 unlicensed gambling websites at the ACMA’s request.
The ACMA’s stern warning to influencers highlights its determined effort to curb the promotion of illegal online gambling in Australia and protect consumers from unregulated services. This initiative, backed by significant penalties and a track record of enforcement against both operators and those who promote them, underscores the regulator’s commitment to upholding the Interactive Gambling Act 2001.
