The Australian Communications and Media Authority (ACMA) has found that Foxtel-owned sports streaming giant Kayo (provided by Hubbl Pty Limited) has breached gambling advertising laws by showing gambling adverts during live sporting events outside of the set times. 

Off the back of several complaints, the ACMA investigation found that 16 different gambling advertisements were provided outside the allowed times across 267 live sports events. Hubbl advised that this was caused by a system error that affected viewers using iOS applications in a six-week period over February and March 2023

Under current laws, gambling advertisements must not be shown by online content providers during live sports events between 5 am and 8.30 pm, including in the five minutes before and after the event.

ACMA Authority member Carolyn Lidgerwood said the scale of the error and Hubbl’s failure to identify a system bug affecting the playout of gambling ads across a large number of live sports events were very concerning. “Online streaming services as well as broadcasters all have a responsibility to put robust systems in place so that they adhere to these long-standing gambling advertising rules”.

“The rules are there to reduce viewer exposure to gambling ads, particularly for impressionable young audiences and those vulnerable to gambling harms. In this case, Hubbl has let those viewers down,” Lidgerwood said.

The ACMA has issued Hubbl a remedial direction requiring it to arrange an external audit of its technical systems and processes, including the measures it has implemented subsequent to the breaches. If Hubbl fails to comply with the terms, the Federal Court may order it to pay penalties of up to $626,000 per day.

This is not the first time Kayo has found itself in hot water over gambling advertising. Back in April last year, the streaming platform was slapped with a formal warning over a breach in gambling advertising rules during a Fremantle V Collingwood AFL match in May 2022 in which two spots for a wagering company appeared. ACMA found that the gambling promotions were streamed on Kayo 5 minutes before play started at 5.20 pm and during scheduled breaks.

The breach comes at a time when discussion and complaints about the role gambling plays in sport are at an all-time high. The Federal Government has been in talks for quite some time to introduce restrictions on gambling advertising in sports. Recently, the parliamentary committee has called for a phased ban on gambling advertising during sporting events within the next three years, with a ban on gambling logos set to follow.

The NSW Government’s Reclaim the Game initiative was developed in 2020 to challenge the idea that betting is a normal part of sport and the way that sport is used to promote betting. Speaking to B&T recently, a spokesperson for the NSW Office of Responsible Gambling said: “Our research shows that young people are exposed to too much betting advertising, and as a result, many think betting is a normal part of watching sport. Sports betting advertising at matches is part of this. It’s become impossible for fans to watch their favourite sports without being exposed to ads promoting gambling”.

“Since its launch in 2020, Reclaim the Game has reached millions of sports fans through more than 260 games, both on TV and in stadiums. Our survey of Reclaim the Game partner’s members and fans shows that fans of our partners are becoming more aware of how to gamble safely. For example, fans have said they are more likely to set limits on the amount of time, money and frequency of their gambling”.

B&T contacted Kayo for comment but did not receive a response prior to publication.