The Australian Communications and Media Authority (ACMA) has found Foxtel Cable Television Pty Limited violated gambling advertising rules during an April 2024 AFL match between Port Adelaide and Essendon.
The investigation, finalised in December 2024, determined that a virtual banner for a wagering company displayed during the Kayo stream of the match failed to include an adequate responsible gambling message.
The banner, which appeared at halftime, contained only an “18+” symbol that the ACMA deemed insufficient.
According to the ACMA’s report, while the “18+” graphic might warn that gambling services are only available to adults, it “does not provide any warning for adults about the risks or potential harm of gambling” and therefore could not be considered a responsible gambling message under the ASTRA Subscription Broadcast Television Codes of Practice.
Authority member Carolyn Lidgerwood said: “These messages must emphasise the potential harms and risks of gambling if it is not undertaken responsibly. An ‘18+’ logo on its own is not an adequate responsible gambling message.”
The ACMA rejected Foxtel’s argument that it had reasonably relied on information provided by the wagering company, stating it was Foxtel’s responsibility to ensure its contractual arrangements with advertisers enabled compliance with Code obligations.
The investigation determined that Kayo was functioning as an “exempt online simulcast service” of the Fox Footy channel, meaning the Code’s gambling advertising restrictions applied rather than the Online Rules.
Following the ACMA’s findings, Foxtel acted quickly to add a responsible gambling tagline to the advertisement.
The broadcaster has also agreed to conduct further staff training on regulatory requirements around gambling advertisements and will report back to the ACMA on steps taken to ensure future compliance.