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Australian government expected to water down “Murphy’s law” gambling ad ban

| By nicolemacedo
A frenzy of media reports have suggested the Australian government is poised to release its response to 2023’s Murphy Report, although the total ban on gambling ads it calls for is unlikely to be enforced.
Australia gambling ad ban

Reports suggest a watered-down version of the originally proposed gambling ad ban, known as “Murphy’s law” after late MP Peta Murphy, is likely.

The government is to implement a cap of two gambling ads per hour until 10pm and a ban on gambling ads an hour before and after live sports broadcasts.

Jamie Nettleton, partner at gaming law firm Addisons, told iGB the government likely doesn’t want to upset the media although it is not yet clear what its final response will be.

Its response is expected in the next few weeks Nettleton said. “These proposed restrictions are currently in the draft stage and have not yet gone to cabinet so there is no clear timeline for implementation,” he added however.

The proposal will need to be implemented through legislation filed in parliament.

Gambling ad ban could shift focus online

The initial house of representatives committee on social policy and legal affairs report in June 2023 proposed a total prohibition of all gambling ads within three years, covering both broadcast media and online. The report was authored by MP Peta Murphy, who passed away in December last year.

Online gambling ads are also expected to be prohibited from commercial radio for an hour a day, including the hours of 8.30am to 9am and between 3.30pm and 4pm, according to reports.

Notably, a full ban on online advertising is still likely, which Nettleton said would kill affiliates and influencer marketing.

“The sector has known this was coming and has been working to put restrictions in place for some time,” Nettleton explained.

Meetings between the government, sports entities, gambling stakeholders and media entities have been ongoing. There is still uncertainty around what the ban could mean for sports advertising, including jersey sponsorships and on-field ads. Nettleton said there has not yet been any clear consideration on this.

What’s the response to the new proposals?

Independent senator David Pocock yesterday (6 August) hit out at the revised restrictions. Pocock asked why the government, parliament and community had shifted from supporting a total ban to backing away from its initial plans.

“A phased in gambling ad ban would destroy sport – where have we heard that before?” Pocock said in a post on X.

“What a total cop out & betrayal of the late Peta Murphy’s legacy. There is support in the parliament to implement the Murphy Review recommendations in full – not some watered down policy to appease the gambling industry,” he wrote.

Australian gambling operators roll back on gambling advertising

Betting operator Tabcorp had initially supported a reduction in gambling advertising in its submission to the Murphy Report last year.

Similarly, PointsBet said it had taken action to reduce its gambling advertising in its recent full-year results.

The firm no longer displays its ads on free to air television between the hours of 6pm and 9.30pm. It is also removing its branding from stadiums and sports team’s jerseys, meaning sponsorship deals with the Manly Sea Eagles and Cronulla Sharks will be waived from 2025.

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