The Australian Communications and Media Authority (ACMA) has called out Foxtel for breaching gambling advertising rules during a broadcast of an AFL match.
An investigation found that a virtual banner promoting a gambling operator, which appeared during Foxtel’s coverage of Port Adelaide vs Essendon, failed to include an ‘adequate responsible gambling message’.
In response, Foxtel submitted that the advertisement was accompanied by a responsible gambling message because it included the display of an ‘18+’ responsible gambling advisory message contained in a white circle on the far right of the advertisement.
The company argued that a ‘responsible gambling message’ is not defined in the Code and there are no requirements under the Code as to the form, format, contents or display that a responsible gambling message must take.
Foxtel added: “The limited space which is available on the advertisement and the fact that the ‘18+’ responsible gambling message is placed on the right of the creative, after the [Wagering Company] name, the advertisement was adequately accompanied by a responsible gambling message in compliance with the Code.”
However, once the ACMA raised its concerns with Foxtel, the broadcaster acted quickly to ensure a responsible gambling tagline was added as Authority member Carolyn Lidgerwood emphasised that “an ‘18+’ logo on its own is not an adequate responsible gambling message”.
She said that if broadcasters are airing gambling advertisements during live sporting events, the responsible gambling message must be aired too, meaning that Foxtel breached clause 8 of Appendix A to the Code.
“These messages must emphasise the potential harms and risks of gambling if it is not undertaken responsibly,” Ms Lidgerwood said.
Meanwhile, the ACMA also noted that the ‘18+’ graphic was smaller than any of the other letters contained in the banner, and smaller than the ‘tick’ which forms part of the betting brand’s logo.
The investigation concluded: “In addition to not being sufficient as a responsible gambling message, the ‘18+’ graphic was not big enough to be readily observed. The ACMA is satisfied that a gambling advertisement was broadcast during the live stream of the Port Adelaide v Essendon AFL match without a responsible gambling message.”
The brand that appeared on the ad reportedly provides various wagering services including horse racing and sports betting.
