Australia Says Even Small Influencers May Fall Under Betting Ad Ban

The example comes from new guidance published by the Australian Communications and Media Authority (ACMA) on October 19. The regulator’s announcement follows legislation passed in August, which will prohibit bookmakers from using celebrities, athletes and other notable people in wagering advertising from January 1, 2027. The latest document deals with how those categories will be interpreted.

An Esports Creator and an Aspiring Actor

The 15-page guidance includes a hypothetical creator who posts commentary and predictions about a niche esports league. There are relatively few videos on the account, and its following is below 10,000.

Fans nevertheless recognise the creator and regularly share the posts on esports forums. ACMA says the creator may still qualify as a notable person because of their recognition within the esports community. No minimum follower count or account verification level is specified in the rules.

Elsewhere in the document, ACMA describes an aspiring actor who has appeared as an extra in several films and television commercials, without prominent credits or speaking parts. Unlike the esports creator, the actor is unlikely to qualify as a notable person because those appearances have brought little public recognition.

What Happens When an Actor Becomes Famous?

A separate example concerns a bookmaker that hires a little-known actor for a year-long television and social media campaign. At the time of signing, the actor has almost no following and is not widely recognised.

That changes halfway through the contract. The actor gets a leading role in a successful international television series, attracts a much larger online audience and starts appearing in mainstream interviews.

The bookmaker would then need to stop showing the ads, despite having another six months left on the agreement. ACMA explains that a person’s status can change during a campaign, making previously acceptable advertising noncompliant.

The guidance also addresses three issues for operators:

• Withdrawal. ACMA may consider an ad’s reach and scale when assessing how long its removal should reasonably take;
• Repeated exposure. Each further television broadcast or online delivery may constitute a separate breach;
• Responsibility. The licensed wagering operator remains accountable, including for campaigns produced by outside agencies. ACMA advises considering possible changes in a person’s public profile when negotiating contracts and buying ad placements.

Racing Exemption Has Two Conditions

An ad featuring a notable person can qualify for the racing exemption only if it mainly concerns racing and appears on a dedicated racing channel, program or online service. A general sports broadcast mixing horse racing with NRL and AFL coverage is unlikely to qualify, ACMA says.

Separately, certain betting sponsorship contracts for sports uniforms and venues signed before July 2, 2026, may remain protected until December 31, 2031. The transition does not cover ordinary influencer campaigns.

The guidance also distinguishes bookmaker advertising from independent betting discussions. Forum posts and similar user-generated content are not automatically considered wagering ads when no licensed wagering provider is involved.