Are you in compliance with Australian laws regulating online gambling advertising?

[MichaelCorfman]

Today both the GPWA and APCW received a letter from the Australian Communications and Media Authority. I have copied below the contents of the letter I received as executive director of the GPWA:

29 September 2017

Mr Michael Corfman
Executive Director
Gambling Portal Webmasters Association
33 Needham Street
Newton, MA 02461

By email: <email address removed>

ACMA reference: ACMA2017/755

Dear Mr Corfman

Australian online gambling reforms

I am writing to inform you of changes to Australian laws regulating the provision and advertising of online gambling services, and the expanded role of the Australian Communications and Media Authority (ACMA).

You may be aware that the Australian government recently passed amendments to the Interactive Gambling Act 2001 (Cth) (IGA) and associated legislation, to clarify the law regarding the provision of online gambling services to Australians and strengthen enforcement and disruption mechanisms. These amendments came into effect on 13 September 2017.

The amendments make it clear that:

• certain online gambling services are prohibited and cannot be provided or advertised to Australians;
• it is illegal to provide online gambling services to Australians unless the person or company holds a licence under the law of an Australian state or territory; and
• other persons, such as directors, agents or affiliates, may also be subject to civil penalties if they are found to be in any way knowingly concerned in, or party to, a contravention of the IGA.

Prohibited services include online gambling services for games of chance or games of mixed skill and chance; such as casino-style games (e.g. blackjack, roulette), slot machines and poker. They also include online gambling services that accept “in-play” betting on sports events.

Penalties of up to AUD$7.9 million per day can apply to corporations that provide prohibited or unlicensed services under a new civil penalty regime which complements the IGA’s existing criminal penalty provisions.

A number of measures intended to disrupt or deter prohibited activities have also been introduced. These include:

• referral of directors and principals of offending companies to Australian border protection agencies for inclusion on the Movement Alert List which may lead to visa applications for travel to Australia being refused; and
• notifying breaches of Australian law to the gambling regulator in jurisdictions where the offending operator is licensed.

The ACMA has been given expanded responsibilities and new powers to enforce prohibitions and implement the deterrent and disruption measures. The amendments also require the ACMA to publish a register of licensed interactive wagering operators so it is clear which interactive services are legally provided in Australia.

Information about the changes to the IGA, along with a video summarising the key reforms, and the register are available at the following link: www.acma.gov.au/interactivegambling.

We would appreciate your assistance in informing your members about the above changes so they can take the necessary steps to ensure they are not at risk of contravening, or facilitating a contravention of, Australian law.

We have in place an Interactive Gambling Taskforce to actively monitor and ensure compliance with the IGA. If at any time you would like to contact the Taskforce, please don’t hesitate to get in touch with Jeanette Knowler, Manager, on +612 9334 7895 or by email at jeanette.knowler@acma.gov.au.

Yours sincerely

Richard Bean
Acting Chairman

In addition to sharing the contents of the letter with everyone, I thought it made sense to ask folks about their compliance with the new Australian law. Especially in the context of the increasing prevalence of such requirements as the online gambling industry is increasingly subject to regulatory requirements that impact those of us involved in affiliate marketing.

Besides answering the poll, be sure to share your thoughts with other.

Michael

[Triple7]

It depends on what they mean with advertising to Australians. In some countries, you are breaking the law if you do not GEO-block the whole country.

[celena]

Thank you for the letter.
But I do not see how the affiliated company would be responsible,
if a casino accepts Australians? I do not understand this letter.

Many casinos are out of the country, others not.
Affiliates are not going to withdraw some casinos that are operating in countries other than Australia,
because they still accept Australian players.