An appeal by online bookmaker Okebet against a AU$100,000 (US$70,000) fine by the Gambling and Casino Control Commission’s (VGCCC) for contravening the Gambling Regulation Act 2003 (Vic) has been dismissed by the Victorian Civil and Administrative Tribunal (VCAT).
Okebet had argued against the fine and censure, which alleged it sent promotional gambling materials to self-excluded persons and offered prohibited inducements to community sporting clubs to get their members and supporters to open new betting accounts.
However, the VCAT upheld the VGCCC’s decision, finding that “the fact that a customer has self-excluded from holding a betting account with OkeBet is clear evidence that the customer does not consent to receiving direct marketing from OkeBet and has communicated their lack of consent to the receipt of direct marketing from OkeBet”.
VCAT also found that some self-excluded individuals who received OkeBet’s marketing material suffered harm. The tribunal referred to evidence from a complainant who had self-excluded months earlier and who experienced significant mental distress as a result of receiving the promotional gambling material.
“This decision serves as an important reminder to wagering service providers that they must comply with the law and minimise gambling harm,” said VGCCC CEO Suzy Neilan.
“Local footy and netball clubs are often the heart of their communities, places where people come together to support one another. They should not be used as vehicles to promote gambling, particularly where those promotions include inducements that are prohibited by law.
“Self-exclusion is a critical harm-minimisation safeguard. It is a clear signal from an individual that they do not wish to gamble or to be exposed to further gambling marketing. That signal must be respected.”
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