Regulation of gambling advertising on TV - Live Odds and ACMA

Parliament house flag post

Regulation of gambling advertising on TV - Live Odds and ACMA

Posted 31/05/2013 by Tyler Fox



On 26 May 2013, the Prime Minister promisedthat ‘all promotions of odds by gambling companies and commentators will be banned during the broadcast of live sports matches, under new rules’.
The Government has demanded that Australian commercial TV broadcasters amend their codes to ensure a reduction in the promotion and advertising of gambling—especially live odds—during broadcasts of sport.



Codes of Practice
Section 123 of the Broadcasting Services Act 1992 (the Act) provides that a ‘Code of Practice’ may be developed by a group representing a particular section of the broadcasting industry. An industry body, FreeTV,performs this role for commercial television operators and has developed the Commercial Television Industry Code of Practice. The regulator, the Australian Communications and Media Authority (ACMA), registered the Code in 2010, having been satisfied that the Code provides appropriate community safeguards for the matters covered by the Code; that the Code is endorsed by a majority of commercial television operators; and that the public was given the opportunity to comment on the Code, as required by subsection 123(4) of Act.  
Recently, FreeTV concluded consultations on amendments to the Code to deal with the advertising of live odds during sports broadcasts. The announcement of the Prime Minister, however, refers to ‘gambling’ and not merely ‘live-odds’, indicating that the Government does not consider that FreeTV’s proposed Code amendments go far enough.
ACMA
ACMA’s statutory functions include assisting ‘broadcasting service providers…to develop codes of practice that, as far as possible, are in accordance with community standards’ and ‘to monitor compliance with those codes of practice’; ‘to develop program standards’ and ‘to monitor compliance with those standards’ under its embodying legislation.
The Minister may give written directions of a ‘general nature’ to the ACMA in relation to the performance of these functions and the exercise of its powers, which must be published in the Government Gazette.
Program Standards
Section 125 of the Act gives ACMA the power to determine ‘program standards’ if a Code of Practice is not in place or there is convincing evidence that it is failing to safeguard community standards, and if ACMA is satisfied that it should determine a standard in the matter. ACMA must seek public comment before creating a standard, and publish it in the Government Gazette. 
Under section 128 of the Act, Parliament may amend a Code of Practice and Standards.
Breach of Code of Practice
A person may make a complaint that a Code of Practice has been breached. Then ACMA must investigate the complaint when it is not frivolous or vexatious. ACMA may make a finding that the Code of Practice has been breached.
Compliance with a Code of Practice is not a condition of a licence.  However, under section 44 of the Act, ACMA may impose a condition on a license that the broadcaster is to comply with a Code of Practice.
Breach of Program Standards
Compliance with a Program Standard is a condition of commercial television broadcasting licences under Schedule 2, clause 7 of the Act. 
The Government will seek to legislate if the industry does not elect to develop an adequate Code of Practice. 


Thank you for your comment. If it does not require moderation, it will appear shortly.

Add your comment

[Click to expand]

We welcome your comments, or additional information which is relevant to a post. These can be added by clicking on the ‘Add your comment’ option above. Please note that the Parliamentary Library will moderate comments, and reserves the right not to publish comments that are inconsistent with the objectives of FlagPost. This includes comments that are not relevant to the article, factually incorrect or politically partisan, as well as spam, profanity and personal abuse. We will close comments after three months.




Captcha
Generate a new image
Type characters from the image:

Facebook LinkedIn Twitter Add | Email Print

FlagPost

Flagpost is a blog on current issues of interest to members of the Australian Parliament


Parliamentary Library Logo showing Information Analysis & Advice

Archive

Syndication

Tagcloud

refugees asylum immigration climate change Australian foreign policy parliament social security elections welfare reform welfare policy school education Australian Defence Force health financing higher education emissions trading indigenous Australians women private health insurance people trafficking Employment illicit drugs gambling health reform federal election 2010 Middle East disability Sport Australian Bureau of Statistics statistics United Nations Asia Afghanistan income management Medicare health forced labour Taxation Australian Sports Anti-Doping Agency World Anti-Doping Agency United States federal budget Industrial Relations Carbon Pricing Mechanism politics dental health Australian Electoral Commission WADA criminal law transport aid child protection environment poker machines Australia in the Asian Century steroids National Disability Insurance Scheme detention aged care 43rd Parliament slavery health system ASADA Law Enforcement Australian Federal Police Fair Work Act Australian Public Service governance labour force people smuggling debt international relations constitution New Zealand food Australian Crime Commission pharmaceutical benefits scheme OECD corruption pensions public service reform children's health Aviation federal election 2013 foreign debt gross debt net debt defence capability parliamentary procedure Senate Senators and Members ALP Newstart Parenting Payment multiculturalism Youth Allowance sea farers UK Parliament election results voting mental health Federal Court terrorist groups science social media Higher Education Loan Program HECS federal state relations accountability Papua New Guinea youth paid parental leave same sex relationships coal seam gas customs planning doping crime health risks International Women's Day Gonski Review of Funding for Schooling sex slavery Special Rapporteur Northern Territory Emergency Response social policy violence against women domestic violence China ADRV terrorism transparency research and development welfare ASIO intelligence community Australian Security Intelligence Organisation carbon tax mining High Court military history electoral reform employer employee renewable energy regional unemployment fishing by-election European Union family assistance skilled migration banking United Nations Security Council Australian economy forestry food labelling vocational education and training Drugs welfare systems Indonesia children Constitutional reform local government codes of conduct terrorist financing homelessness Parliamentary remuneration money laundering Trafficking in Persons Report energy social inclusion human rights paternalism national security fuel disability employment Tasmania integrity standards NATO Australian Secret Intelligence Service sexual abuse World Trade Organization Australia public health housing affordability bulk billing political parties water productivity health policy Governor-General US economy trade unions export liquefied natural gas foreign bribery firearms question time speaker superannuation public housing expertise public policy climate Intergovernmental Panel on Climate Change leadership Department of Agriculture Fisheries and Forestry regulation Pacific Islands reserved seats new psychoactive substances synthetic drugs UNODC carbon markets animal health middle class welfare Census Indigenous constitutional recognition of local government referendum consumer laws PISA competition policy royal commission US politics language education baby bonus Leaders of the Opposition citizen engagement policymaking Australia Greens servitude Trafficking Protocol forced marriage Population rural and regional alcohol entitlements ministries Hung Parliament social citizenship maritime Iran ANZUS regional students school chaplains federal budget 2011-12 salary Medicare Locals primary care Building the Education Revolution EU China soft power education Fiji India Disability Support Pension Antarctica Diplomacy by-elections state and territories Bills anti-corruption fraud bribery corporate ownership whistleblower G20 economic reform innovation Members of Parliament Scottish referendum early childhood education Middle East; national security; terrorism social services Criminal Code Amendment (Misrepresentation of Age to a Minor) Bill 2013 online grooming sexual assault of minors ACT Assembly smoking plain packaging tobacco cigarettes Asia; Japan; international relations Work Health and Safety Migration; asylum seekers; regional processing China; United States; international relations fiscal policy Racial Discrimination Act; social policy; human rights; indigenous Australians Foreign policy Southeast Asia Israel Palestine asylum refugees immigration political finance donations foreign aid Economics efficiency human rights; Racial Discrimination Act employment law bullying asylum seekers Animal law; food copyright Australian Law Reform Commission industry peace keeping contracts workplace policies same-sex marriage disorderly conduct retirement Parliament House standing orders prime ministers election timetable sitting days First speech defence budget submarines workers financial sector Canada Somalia United Kingdom GDP world heritage political engagement leave loading Trade; tariffs; safeguards; Anti-dumping public interest disclosure whistleblowing Productivity Commission limitation period universities Ireland cancer gene patents genetic testing suspension of standing and sessional orders live exports infant mortality honorary citizen railways disciplinary tribunals standard of proof World Health Organisation arts international students skilled graduate visas temporary employment visas apologies roads Italy national heritage NHMRC nutrition anti-dumping Rent Assistance obesity evidence law sacrament of confession US presidential election international days DFAT UN General Assembly deregulation Regulation Impact Statements administrative law small business Breaker Morant regional engagement social determinants of health abortion Members suspension workplace health and safety marine reserves hearing TAFE Victoria astronomy resources sector YMCA youth parliament Korea rebate Australian Greens presidential nomination Racial Discrimination Act political parties preselection solar hot water Financial Action Taskforce Horn of Africa peacekeeping piracy Great Barrier Reef Stronger futures political financing political education Social Inclusion Board early childhood National Quality Framework for Early Childhood Education and Care Murray-Darling Basin sanctions Norway hospitals republic President Barack Obama Presidential visits qantas counselling Korean peninsula Work Choices biosecurity hendra environmental law federalism federation preselection therapeutic goods Therapeutic Goods Administration plebiscites computer games pests suicide nuclear COAG Ministerial Councils floods ADHD stimulant medication advertising electricity extradition conscience votes poverty preventative health rural health coastal erosion Parliamentary Budget Office work-life balance

Show all
Show less
Back to top