The Australian Communications and Media Authority (ACMA) has released initial guidance on the notable persons provision of new gambling advertising reforms, which will from 1 January 2027 ban all gambling advertising from featuring any notable person.
The rules, to apply across all platforms including broadcast television, radio, news websites, online games and social media, classify a notable person as a current or former professional sports player or athlete, a current or former celebrity, a current or former social media influencer, a current or former prominent individual or a person included in a class of persons that the Minister for Communications determines.
In an 11-page document published Monday, the ACMA said the definition of a notable person as per the Interactive Gambling Amendment (Gambling Reform) Bill 2026 – which passed parliament on 19 August – is “purposefully broad” to capture a wide range of notable people that may be used by licensed wagering providers to “encourage a person to gamble through association.”
“Wagering advertising, whether broadcast or provided online, must not feature a notable person, and [licensed operators] must not enter into contracts or arrangements or arrive at an understanding that relates to the sponsorship, participation in or involvement of a notable person in connection with the promotion of wagering advertising content in Australia,” it outlined.
“The obligations to prevent the use of notable people in wagering advertising rest with the [licensed operator], not the notable person. This means that any enforcement action and penalties for breaching the rules would apply to the [licensed operator].
“Overall, if a [licensed operator] has entered into a contract, arrangement or understanding with a person to promote wagering advertising content in Australia – whether they appear as themselves or as a character – in order to benefit from the recognisability and favour (or, possibly, notoriety) the person enjoys with a segment of the general public, then it is likely that person will be a notable person.”
The ACMA stated that in determining cases where a notable person may have been used in gambling advertising, it will assess all relevant considerations, including but not limited to whether the person engaged received payment or some other benefit, the extent of the recognisability and public profile, their media profile and whether they have the potential to increase the perceived appeal of a certain product or brand.
Notably, the guidelines state there is no prescribed number of followers or subscribers that a person must have to be considered an influencer, which will instead be assessed based on their ability to influence actions or decision-making of others because of attributes such as profile or reputation.
They also that a person’s status as being ‘notable’ can change over time, meaning operators may need to cease advertising content if someone featured in advertising content “becomes” a notable person.
However, the regulated added that any alleged contraventions would be assessed on a case-by-case basis and take a “commonsense approach” to the notable person obligations in the Act.
The guidance also addresses a limited exception for wagering advertising where the advertising content relates solely or principally to racing and is broadcast on a dedicated racing program or channel or provided on a dedicated racing online content service. Both of these criteria must be met for this exception to apply, the ACMA clarified.
The Interactive Gambling Amendment (Gambling Reform) Bill 2026 includes a raft of other gambling reforms, among them a ban on wagering advertising during live coverage of sporting events on broadcast and online content services, a ban on wagering advertising in sports venues and on players’ and officials’ uniforms; and restrictions on wagering advertising on TV to no more than three ads each hour between 5am and 8.30pm. Such advertising will be banned on the radio during school drop-off and pick‑up times while advertising via online platforms will only be allowed if users have a logged in account, are over 18 and have the option to opt out of such advertising.
Other reforms include establishing a Wagering Advertising Opt-out Register as a one-stop shop for people to opt out across all their services; allowing banks and payment systems to block transactions to illegal gambling operators and giving the ACMA more powers to act faster to block these websites; banning online keno and foreign-matched lotteries; and banning the direct marketing of inducements for 14 days after signing up with a wagering company, three months after a person deregisters from BetStop, and to all customers identified as at risk of gambling-related harm.
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