A contentious proposal to cut the volume of sports betting advertisements in Australia has been put on ice until after the election, jeopardising the prospect of any new regulation on sports gambling.
The clampdown on wagering promotions has hit a wall of opposition from media firms, betting companies and the nation’s wealthiest sporting codes, the NRL and AFL, prompting the Albanese government to take the reform off the table before an election due by May.
There has been speculation for months that the government had decided to put off the changes as Labor tried to avoid unwanted fights in its cost-of-living battle with the opposition.
This masthead revealed in August that Labor had presented its gambling advertising reform package to industry figures. The plan included a cap of two gambling ads per hour on radio and TV, no ads around or during live sport and a social media blackout. The reforms were made in response to a high-profile inquiry by late Labor MP Peta Murphy, who in June 2023 called for a phase-out of ads on all platforms. Labor’s decision not to introduce a blanket ban angered some backbenchers who lobbied Albanese to change course last year.
Underappreciated in the delay has been the complexity of some of the changes, including whether foreign bookmakers could get around a social media ad ban. Other tricky changes unrelated to advertising also contributed to the decision – including imposing a duty of care on gambling firms, creating a national wagering regulator and rolling out training measures for betting company staff.
This masthead has confirmed that interested parties, including Labor MPs, have recently been told that no legislation would be presented before the election. Informally, at least two executives from the sports and media fields had been told not to expect public comments from Labor on what it planned to legislate, though this remains a slim possibility.
Labor MP Dr Mike Freelander, an advocate for Murphy’s recommendation, said: “My view hasn’t changed that it should be banned. Nothing I’ve heard since … has made me change my mind.”
A spokesman for Communications Minister Michelle Rowland acknowledged the process was taking a long time but that the government had delivered “significant online gambling harm reduction” aside from the ad ban.
“We recognise that this is taking longer than hoped, but it’s critical that we get this right to ensure that future reforms are effective and comprehensive,” he said.
Opposition Leader Peter Dutton said Prime Minister Anthony Albanese’s timidity on the gambling debate was evidence of a weakness of character. He told this masthead Albanese had “told parents he’s against gambling ads and told others he’s in favour”.
“I don’t know what he really believes,” Dutton said. “This PM is out of his depth and he’s playing both sides of the street and trying to park this issue before the election. If there is a Labor-Greens minority government after the election, it will be [Greens leader] Adam Bandt calling the shots because he has a stronger personality than Anthony Albanese.”
The Coalition’s policy was to block ads around live sport, which is included in Labor’s proposal.
Labor has never confirmed details of its proposed changes, but Albanese has on several occasions explained his thinking behind avoiding a full ban.
Some proponents of an ad ban wanted to ban gambling itself, Albanese controversially claimed in a question time response in September in which he cited the same contested figures on gambling harm as NRL and racing boss Peter V’landys referenced in this masthead during the same month.
“I do not believe that the state has an absolute right to determine the behaviour of individuals,” Albanese said.
Former minister Bill Shorten also shed light on Labor’s thinking when he said in August that he was “not convinced that complete prohibition works”. He also warned that free-to-air media networks such as Nine Entertainment, owner of this masthead, would take a further hit to their already-strained bottom lines if hundreds of millions of dollars worth of betting promotions were cut.
A gambling sector source, who like others spoke anonymously to be frank about the confidential talks over the gambling policy, said wagering companies that opposed Rowland’s plan were playing a risky game. A minority Labor government in need of support from the Greens and teals might opt for a stronger crackdown after the election, the source said.
“By frustrating reform, Sportsbet has put all their eggs in the least likely basket – that Albanese wins majority government and dithers for another three years,” the source said.
Independent MP Zoe Daniel, a vocal campaigner on the ad ban, said Albanese had “squibbed it by not having the courage to stand up to the big gambling companies and their major sporting code mates”, promising to keep agitating if she is re-elected in her contest with Liberal challenger Tim Wilson.
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