Racing digital publications get exemptions from new wagering advertising opt-out restrictions

Australia’s racing media sector has secured a carve-out from new wagering advertising restrictions, despite broader reforms designed to give consumers greater control over wagering promotions.

Specialist racing websites are poised to retain greater freedom over commercial betting material under proposed changes to Australia’s gambling advertising framework. (Photo by Jeremy Ng/Getty Images)

Racing-focused online publications are set to be exempt from the opt-out wagering advertising requirements to be introduced by the federal government as part of its sweeping gambling reforms.

The reforms are expected to be passed this week after a bipartisan agreement between Labor and the Coalition to get the changes to the Interactive Gambling Act through parliament.

Among the new amendments brought forward by Communications Minister Anika Wells earlier this week was the opt-out option, under which people could actively exclude themselves from wagering advertising in an online context.

The details around the technical implementation of that model, which will require wagering and media companies to ensure that those who opt not to receive gambling-related advertising are blocked from receiving it, remain unclear.

But under the proposed Act, those who breach the terms of the opt-out register could face fines of up to $364,000, while corporations could face fines of up to $1.82 million.

The amendments sought to broaden the racing carve-out definition for advertising to include online simulcasts transmitting a dedicated racing program or dedicated wagering program, extending the definition beyond traditional broadcasts to services such as streaming platforms and podcasts.

Under the original bill, there is an explicit exemption from requirements to restrict advertising under subsections 62P(1) and 62P(7) if wagering advertising content is provided on a dedicated racing online content service or a dedicated wagering online content service.

That means racing publications, as defined by whether a site’s content wholly or principally relates to racing, will not be subject to the new laws.

The bill was being debated in the Senate on Wednesday. While there are strong dissenting views, it is likely to receive sufficient support to pass, despite some Coalition backbenchers crossing the floor.

Later on Wednesday, the Greens moved an amendment to the Interactive Gambling Bill to remove the carve-out given to racing. The amendment, put forward by long-time anti-racing advocate Senator Mehreen Faruqi, is not expected to gain support in parliament.

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