AU regulators threaten influencers who promote illegal betting with fine up to $2.5m

The Australian Communications and Media Authority (ACMA) has sent out a crucial warning to social media influencers as concerns over the promotion of illegal gambling companies intensify.

Content creators risk major fines if found to be encouraging any activity of this kind which, according to a recent study from the University of Sydney, is becoming increasingly popular throughout the influencer community with posts often including direct links to offshore gambling sites.

The latest enforcements are directed at content on Twitter, Facebook, Instagram and TikTok, amongst others, with penalties for individuals reaching up to AU$59,400 (£28,400). For those who ease accessibility to such illegal products, more severe fines up to AU$2.475m (£1.181m) may be handed out.

Formed in 2005, the ACMA continues to enforce the Interactive Gambling Act 2001, which governs online betting sector in Australia.

Given how much young people and children use social media and that the age group is generally considered more vulnerable, the ACMA is particularly concerned about messaging related to black-market gambling.

In recent months, Polymarket, a US-based cryptocurrency prediction company, ran an illegal promotion in Australia by paying local influencers to advertise betting on the federal election.

Since Polymarket is not licenced in Australia, the ACMA launched an investigation into the campaign. 

The authority made it clear in its latest statement that “If you are an influencer and you profit from promoting illegal games and wagering services to Australians – you are breaking the law”.

A stricter sector

The move comes during a nation-wide crackdown on advertising amongst youth. In November last year, Australia became the first country in the world to pass a law banning children from using social media altogether.

New regulations are now set to come into force at the end of 2025 to ban anyone age 16 or under from TikTok, Instagram, Snapchat, Facebook, and X. However, Australia’s eSafety Commissioner Julie Inman Grant is now calling for YouTube to be included in the list.

She argued the government should not name specific platforms as exclusions: “Our recommendation was that no specific platform be exempted because the relative risks and harms can change at any given moment.”

YouTube owner Google, is now arguing that the regulations should allow for young Australians to continue to access the platform because it is not a social media platform, but a video streaming platform with a library of free, high-quality content.