Australia’s ACMA Publishes Guidance on Notable People Gambling Ad Ban

The Australian Communications and Media Authority published initial industry guidance on October 19, 2026, on new rules that will prohibit notable people, including athletes, celebrities and social media influencers, from appearing in gambling advertising across broadcast and online platforms from January 1, 2027.

From January 1, 2027, gambling advertising, whether broadcast or provided online, must not feature a notable person. From the same date, licensed interactive wagering service providers will also be prohibited from entering into contracts or arrangements relating to the sponsorship, participation or involvement of a notable person in the promotion of wagering advertising content in Australia. The rules will apply across all platforms, including broadcast television, radio, news websites, online games and social media.

The regulator said the guidance is intended to assist industry in understanding and preparing for the new obligations. The document, Guidance on notable persons in wagering advertising content, addresses the definition of a notable person with examples of individuals who may be considered in and out of scope, the considerations the ACMA may use to assess alleged contraventions, how the prohibition will operate including the provision covering causing or authorising gambling advertisements, and relevant exceptions including those for dedicated racing services, channels and programs.

Legislative Background

The guidance states that the Parliament of Australia enacted the Interactive Gambling Amendment (Gambling Reform) Act 2026 on August 26, 2026, introducing a new Part 7C into the Interactive Gambling Act 2001. Part 7C enacts a package of restrictions on wagering advertising content across broadcast television, radio and online platforms, as well as on sporting uniforms and at sporting venues. The Act’s notable persons provision prohibits licensed providers from entering into contracts or arrangements, or arriving at an understanding, that involves a notable person promoting wagering advertising content.

According to the Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts’ Gambling Reforms 2026 page, the Interactive Gambling Amendment (Gambling Reform) Bill 2026 passed Parliament on August 19, 2026. The wider package restricts wagering advertising, including a ban during live sports and in sports venues; bans the direct marketing of inducements to at-risk customers; boosts enforcement action against illegal gambling services; strengthens the operation of BetStop, the National Self-Exclusion Register; and addresses harmful and emerging online lottery products. The reforms commence from January 1, 2027, and the department states the ACMA is responsible for monitoring and enforcing compliance, including issuing guidance to industry.

Two cost-recovery levy bills also passed Parliament on August 19, 2026, which the department states will allow the costs associated with promoting BetStop, the new restrictions on inducements and the development of a wagering advertising opt-out register to be recovered from wagering companies.

The guidance states that the obligations to prevent the use of notable people in wagering advertising rest with the licensed provider, not the notable person, meaning any enforcement action and penalties for breaching the rules would apply to the provider.

Who Counts as a Notable Person

Under the new rules, a notable person includes 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, and any person included in a class of persons determined by the Minister for Communications. The guidance describes the definition as purposefully broad and states it is not restricted to notable persons who appeal to children, noting that notable people are also likely to appeal to individuals at risk of gambling harm and to growing segments of the online wagering market, such as younger men.

The ACMA said it would assess alleged contraventions on a case-by-case basis and take a commonsense approach. Considerations set out in the guidance include the context of an individual’s appearance in the advertisement, their public recognition and profile, their media exposure, their professional achievements, and their ability to influence the decision-making, preferences or attitudes of others.

A current or former professional sports player or athlete may refer to a person who currently earns, or has previously earned, their living by playing professional sport, and there is no fixed timeframe for when a person becomes a former professional athlete. The guidance contrasts a former Australian cricketer who represented the country in international tournaments and continues to appear regularly in media and advertising, who would likely be considered notable, with a player who appeared in a small number of televised matches more than 25 years ago, did not earn a living from the sport and has remained out of the public eye, who would likely not be.

The term celebrity captures a person whose public recognition or fame is likely to generate or increase the appeal of products and services they are linked with, including media personalities, film and television actors, radio presenters, models, comedians and entertainers, authors and musicians. The guidance states that an award-winning breakfast radio host asked to read an in-program advertisement would likely be considered a celebrity, while an aspiring actor with only uncredited, non-speaking roles would not.

For social media influencers, there is no prescribed number of followers or subscribers and no required level of verification. The guidance states that even a content creator with fewer than 10,000 followers may be considered notable if they are recognised within a specific community, giving the example of a young creator whose commentary and predictions on a niche esports league are regularly shared by fans.

Prominent individuals may include politicians, academics, business leaders and senior executives of major companies and organisations, high-wealth individuals and advocates. The guidance gives the example of a former local mayor contracted by a provider to appear in radio advertisements, whose enduring recognition within the community would likely make them a prominent individual and therefore notable.

Operation, Exceptions and Next Steps

The guidance states that a person can become notable over time, and that advertising content featuring someone who becomes notable could no longer be broadcast, datacast or provided online after that point. A provider may contravene the authorise-or-cause provision if it does not take all reasonably available steps to cease or withdraw advertising once the person has become notable. The guidance gives the example of an actor with little public profile who, six months into a 12-month advertising contract, lands a leading role in a successful international television series and becomes widely recognisable; in that case, the provider must stop further advertising content from being shown despite the remaining contract term. Each broadcast, datacast or online provision of content featuring a notable person is a separate contravention.

The regulator also warns that contraventions may occur where providers have not been clear with third-party advertising and creative agencies about the prohibitions and the broad scope of the definition. It states that the risk of talent later becoming notable, and the implications of ceasing a campaign early, should be considered during contract negotiations with talent and when purchasing advertising spots.

An exception applies where a notable person’s involvement relates to wagering advertising content that relates solely or principally to racing and is broadcast or datacast on a dedicated racing program or channel, or provided on a dedicated racing online content service. Both criteria must be met. The guidance names racing.com (Foxtel 519) as a possible dedicated racing channel and Melbourne Cup coverage, currently on Channel 9, as a dedicated racing program. An advertisement featuring a professional rugby league player on a channel principally dedicated to racing would likely fall within the exception, while one aired during a program combining racing with NRL and AFL coverage would likely not.

The Gambling Reform Act also prohibits wagering advertising content on uniforms and at venues in connection with live sporting events, covering all levels of sport and all participants and officials, including players, coaches, umpires, trainers, and security and venue staff. Under transitional provisions, uniform and venue advertising associated with contracts entered into before the bill’s introduction on July 2, 2026, is grandfathered until December 31, 2031, meaning a notable person may still be seen with wagering advertising displayed on their uniform under a grandfathered contract. The ACMA said it is scoping the possibility of publishing a list of grandfathered arrangements to assist compliance.

Following commencement of the provisions, the ACMA said it will publish compliance alerts as appropriate and investigation reports, providing additional guidance based on its observations of specific industry questions and practices. It may also make formal guidance about the operation of the notable persons provision at a later date.