REGULATION IN AUSTRALIA
recommended that the Government establish a national regulator for online gambling with the sole purpose of reducing online gambling harm. Similarly, it recommended that responsibility for online gambling harm reduction be held by a single Australian Government Minister, finding that the current regulatory framework is inadequate to reduce harm. Disrupting illegal online gambling The ACMA has been taking enforcement action against illegal offshore gambling services since 2017, and the Murphy Report notes that there has been a notable disruption in illegal gambling services during that period. While some operators argued that the introduction of further consumer protection measures would drive consumers to the illegal market, most submissions to the Inquiry agreed that there was no evidence to support that claim and that effectively curbing the growth of the illegal market should be a priority. The main issues identified by the Murphy Report in connection with existing disruption measures (eg, website blocking) include the ability of illegal operators to circumvent the bans through the implementation of ‘mirror sites’, as well as the ease with which customers can still access illegal sites through the use of VPNs. In response, the Murphy Report recommended that the Government implement technological solutions to ‘quickly and more effectively block offshore gambling websites’ as well as develop a protocol to block transactions to illegal gambling sites in cooperation with banks. Ban on gambling advertisements One of the main recommendations in the Murphy Report was a comprehensive ban on all forms of gambling advertising. The Murphy Report found that there was broad community support for ‘significant restrictions’ on gambling advertising, citing studies conducted by The Australia Institute which found that ‘seven in 10 Australians agree that gambling advertisements on television should be banned’. One of the concerns raised in relation to the saturation of gambling advertisements was the interrelation between
gambling and sports and the ways in which gambling is marketed as a ‘normal, sociable and risk-free activity that is intrinsic to enjoying sport’. Compounding this concern is the use of athletes and other celebrities to endorse or advertise gambling services, which, according to some of the submissions, may create the impression among consumers that gambling is less risky than it really is because it is being promoted by someone they trust. While there had been reforms in the years leading up to the Murphy Report – such as restrictions on gambling advertising in conjunction with the broadcast or streaming of live sporting events – in-venue advertising was not similarly restricted, which meant that consumers were still being exposed to gambling advertising, for example through advertisements on players’ jerseys. For these reasons, the Murphy Report recommended a comprehensive ban on gambling advertising, to be implemented in phases over three years. Further, the Murphy Report recommended a prohibition on all online gambling inducements and inducement advertising, to be implemented ‘without delay’. Interactive Gambling Amendment (Gambling Reforms) Bill 2026 On 2 April, 2026, the Australian Government announced that it would be taking ‘strong action’ to protect Australians from the harms of gambling. 5 This action included further restrictions on gambling advertising to minimise children’s exposure to gambling harm as well as further reforms to ‘crackdown on dodgy operators’. The Government announced that it would be developing legislation to support these reforms, which is expected to come into force from 1 January, 2027. On 12 May, 2026, the Government released its official response to the Murphy Report (Response), with an Exposure Draft of the Bill being released on 29 May 2026. The key
reforms proposed are set out below. Restricting wagering advertising
One of the main reforms in the Bill is a crackdown on wagering advertising. The Response provides that these reforms are intended to address the saturation and targeting
5 Anthony Albanese, Tanya Plibersek and Anika Wells, ‘Strong Action to Tackle Gambling Harms’ (Media Release, 2 April 2026) <https://www. pm.gov.au/media/strong-action-tackle-gambling-harms>.
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IMGL MAGAZINE | JUNE 2026
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