- Introduction
Content warning
1.1This report, and the evidence it is based on, includes material about gambling harm that can be confronting and disturbing. Sometimes words can cause sadness, distress or can trigger traumatic memories for people. For some people, these responses can be overwhelming. If you need to talk to someone, the following services are available 24 hours a day:
- Gambling Help Online - 1800 858 858
- Lifeline - 131 114
- MensLine Australia - 1300 789 978
- Beyondblue - 1300 224 636.
Harm to individuals, families and communities
1.2Australians spend the most in the world, per capita, on legal forms of gambling, losing $25 billion every year. Australians also lose the most money to online gambling, per capita, in the world.
1.3The participation of Australians in online gambling increased from 12.6per cent in 2010-11 to 30.7percent in 2019. In 2022, almost half (44percent) of Australian adults reported gambling on sports and/or racing in the past year, and of those, most had placed a bet using a smart phone or computer.
1.4Australians are concerned about the harms of gambling. In 2022, most Australians agreed there are too many opportunities to gamble (77percent) and that gambling should be discouraged (59 per cent). While many (47percent) agreed that Australians should have the right to gamble whenever they want, few Australians (17per cent) believed that, on balance, gambling is good for society.
1.5Gambling in Australia is a major public health issue. Gambling can cause a range of negative consequences, which are referred to in this report as gambling harms. These can include serious financial, legal, family and relationship, and health and psychological harms and homelessness.[8]
1.6Almost half of those who gambled in 2022 (46 per cent) were classified as being at some risk of gambling harm in the past 12 months. Around two-thirds of all participants who gambled on sports (67 per cent), racing (63percent) and electronic gaming machines (67 per cent) were classified as being at risk of harm.[9]
1.7Much higher rates of harmful gambling have been reported in Aboriginal and Torres Strait Islander communities compared to the wider Australian population,[10] and there are a range of factors that mean that help-seeking rates among Aboriginal and Torres Strait Islander people are low.[11] The Committee heard that the full implementation of the National Agreement on Closing the Gap will help reduce the underlying barriers that influence Aboriginal and Torres Strait Islander people’s disproportionately high rates of gambling harm.[12]
1.8Australians from culturally and linguistically diverse communities are also at a higher risk of experiencing gambling harm and have lower help-seeking rates.[13]
1.9Harmful gambling occurs in a spectrum of severity that can progress to the behavioural addiction of gambling disorder. Repeated gambling can cause fundamental changes to the brain’s reward, prioritisation and stress systems, which are similar to those observed in addiction to psychoactive substances.[14]
1.10In addition to the harms experienced by a person who gambles, an individual’s gambling affects other people, particularly those closest to them. On average:
- six others are directly affected by a person gambling at highest risk levels
- three others are affected at moderate risk levels
- one other is affected at low risk levels.[15]
- Gambling poses serious risks to Australians’ physical and mental health. People experiencing gambling harm are more likely to experience other health issues. Turning Point and the Monash Addiction Research Centre reported that 30percent of those seeking treatment for primary care, alcohol and other drug, and/or mental health issues are experiencing gambling problems.[16]
- Tragically, too many Australians are taking their own lives because of their gambling. Gambling is associated with an approximately four times higher risk of suicide.[17] Almost one in five people presenting with suicidality also experience harm from gambling.[18] Financial Counselling Australia (FCA) reported that 80 percent of specialist gambling financial counsellors had clients presenting talking about suicide, and 48 percent had clients who had attempted to take their lives.[19]
- The Committee heard privately from family members about the loss of a loved-one to suicide, whose young life was cut short by an addiction to gambling. The family’s evidence had a profound impact on the Committee. No family should have to go through the grief and loss they continue to experience.
- Many individuals shared their experiences about how online gambling has negatively impacted their own and others’ lives, the aggressive strategies used by online gambling companies to encourage gambling, and insufficient consumer protections to minimise gambling harm. A selection of personal stories of online gambling harm is included in Box 1.1.
- The Committee sincerely thanks everyone who contributed their personal experiences of gambling harm to this inquiry and acknowledges the courage and strength it took for you to come forward. Your experiences, described in your own words, have provided the foundation for this report and its recommendations.
Box 1.1The human cost of online gambling in Australia [I] lost millions of dollars in online gambling. As a result of that, I am banned from the profession that I love; I'm bankrupt…I'm in jail awaiting sentencing; I'm unable to provide financial security to my family; and, importantly, so many people have suffered, and that has been my deep shame. I can't see how that won't be my deep shame for the rest of my life. I've been in recovery for just over three years now, which has included inpatient rehabilitation, well over a hundred psychiatry sessions and hundreds of various support group meetings.[20] Since the age of 16, gambling has plagued my life with misery, financial turmoil, emotional distress, and profoundly affected my mental health and day to day life.[21] I became extremely insecure, angry human being…I just hated the person that gambling turned me into.[22] The impacts of gambling on the young generation will be ever lasting…My son fell into the trap after having a couple of wins. Those wins turned into losses and those losses are then chased until there is nothing left but tears and worry and depression.[23] Online gambling when introduced was a godsend for me, I could freely punt on races by the telephone at first and then through the computer and telephone as online gambling became more sophisticated. Far less lies were told, far less time sneaking off to a TAB…My addiction along with its illogical and irrational thought processes eventually saw me justify behaviours that were illegal and wrong, as right and legitimate. The consequence of course led me to a term of imprisonment, my rock bottom.[24] Our Son has had our support; financially and emotionally, however his gambling harm has been enormous and at now 21yrs of age he has gambled away in excess of $100,000. He has suffered a significant financial setback to the start of his life…He has suffered shame, guilt, isolation, the loss of our trust and at times total despair not knowing if taking his own life would be a better option than having to live with the knowledge of the harm that he has experienced and caused to his Family.[25] It took years to rewire my brain to reclaim me and the life I should have been living. But the urge to gamble is still triggered by advertising images, sounds and pop-ups…I am one of the fortunate ones. I survived. I didn't lose everything, but I always carry the scar of the harm that it caused me. I always have to fight the “stupid, loser” voice in my head.[26] |
Australia’s online gambling market is increasing, and so is the potential for harm
1.16While online gambling currently causes less overall harm in Australia than electronic gaming machines (‘pokies’),[27] it is nonetheless harmful, and the online gambling market is expanding.[28]
1.17Australians who gamble online are significantly more likely to report experiencing any harm (34 per cent) compared to those who only gamble on land-based forms (15.6per cent). Among people who report experiencing gambling harm, those who gamble online experience a greater number of harms compared to non-online gamblers.[29]
1.18Young men are most at risk from online gambling harm. The Australian Institute of Family Studies’ Australian Gambling Research Centre (AGRC) reported that, in 2019:
- 55 per cent of men who wagered online were at risk of some harm, compared to 40 per cent of women
- 64 per cent of participants aged 18-34 years were at risk of some harm
- of those who were classified as experiencing any risk of gambling harm, 77percent reported wagering on horse racing in the last 12 months and 62percent on sports.[30]
- While there is evidence online gambling caused significant harm in the Australian community prior to 2020, the COVID-19 pandemic accelerated the spread and scale of online gambling harm.[31] Total Australian expenditure on online gambling increased from $5.57 billion in 2019 to $9.56billion in 2022, representing an increase of 72percent.[32]
- A study conducted during the pandemic in 2020 found that:
- most gambling was conducted online
- almost one in three participants signed-up for a new online betting account
- 79 per cent of those who gambled were at risk of some harm
- men aged 18-34 years were the most likely subgroup to sign up for new online gambling accounts, increase their frequency and monthly spending on gambling (from $687 to $1,075), and to be at risk of some harm from their gambling.[33]
- FCA noted that, unlike several overseas governments, Australian governments and regulators ‘took no special actions to curb gambling expenditure’ during COVID-19 lockdowns. FCA stated:
In Australia, many people withdrew their superannuation and gambled much of it…People were locked down, often worried about earning money and confinement boredom set in. The industry bombarded Australians with marketing. It was the perfect storm for gambling harm. The market exploded in Australia, in a way not replicated in many other jurisdictions.[34]
1.22The Committee heard that many Australians accessed their superannuation to gamble during the COVID-19 early superannuation release program.[35]
Features of online gambling that cause harm
1.23Online gambling can cause substantial harm to individuals and their families in a short period of time. Online gambling products:
- are easily accessible, allowing gamblers to act on an urge to gamble on multiple events and sports from their mobile phones, at any time of the day[36]
- allow operators to directly target individual customers with promotions and inducements[37]
- have highly immersive interfaces[38]
- enable gamblers to gamble secretly and anonymously, which can be disinhibiting and increases the scope and intensity of gambling harm for individuals and their families, and may be more difficult to overcome than other forms of gambling[39]
- enable simplified and high-speed spending[40]
- are aggressively marketed.[41] There is a strong association between advertising and gambling harm.[42] Exposure to advertising can normalise gambling participation, lead to early uptake of online gambling and increased risk of harm and can encourage impulse betting and continued and intensified wagering.[43]
- CQ University reported that gambling on smartphones accounts for nearly the entire growth of online betting in Australia in recent years.[44]
Overview of regulatory framework
1.25Gambling is banned in Australia unless it is being carried out under a licence. There are licences for both online and in-venue gambling on lotteries, wagering and sports betting. There are also licences for casinos and pokies in pubs and clubs. The states and territories are responsible for licencing all gambling products and collect all gambling taxes and license fees. Responsibility for gambling regulation and harm minimisation is shared between several Australian Government departments and authorities, and the states and territories.
1.26All gambling that takes place online, through a website or app and over the phone is regulated by the Interactive Gambling Act 2001 (IGA). The IGA provides criminal and civil penalties for contraventions and is regulated by the Australian Communications and Media Authority (ACMA). The IGA includes some consumer protections such as the national self-exclusion register, BetStop, which is administered by ACMA. The IGA does not target consumers. Instead, it makes it illegal to offer certain types of gambling services to Australians, such as in-play or ‘live betting’ as well as online casinos, slot machines and poker.
1.27ACMA regulates communications and media services in Australia, including broadcast and online advertising, through the Broadcasting Services Act 1992 (BSA). The BSA includes rules about the content and timing of gambling advertising. The BSA requires broadcasting services, such as commercial television and radio, to develop industry codes of practice that are registered with ACMA. ACMA monitors the codes and deals with unresolved complaints from viewers and listeners. ACMA may put extra conditions on a broadcasting service’s licence if they do not follow the codes.[45] There are also platform-neutral codes that apply to all gambling advertising, however these are self-regulated by industry.
1.28In 2017, the Australian Government introduced reforms to limit gambling advertising during sports broadcasts, which were given effect in 2018 via revisions to broadcast industry codes of practice.[46] The current commercial television industry code of practice includes rules that prohibit gambling advertising during live sports broadcasts until 8.30 pm,[47] as well as during children’s programming (programs classified G or lower from 6 am to 8.30 am and 4 pm to 7 pm).[48] Similar prohibitions also apply in the current commercial radio code of practice.[49]
1.29The IGA and BSA are administered by the Department of Infrastructure, Transport, Regional Development and Communications and the Arts (DITRDCA), which advises the Australian Government on online gambling policy and gambling advertising. DITRDCA also leads policy development for online safety.
1.30Gambling advertisements on broadcast media are also regulated by the states and territories, which have their own laws on advertising and marketing communications. For example, gambling advertising on television is banned in South Australia between 4 pm to 7.30 pm on weekdays. The restriction does not apply to advertising on dedicated sporting channels.[50]
1.31Additionally, the states and territories regulate in-stadia and static advertising, such as advertisements displayed in stadiums, logos on sports uniforms and advertisements placed on billboards or infrastructure such as bridges and stations.
1.32The Australian Government, through the Department of Social Services (DSS), shares responsibility for online gambling harm minimisation with the states and territories through the National Consumer Protection Framework for Online Wagering (NCPF).[51] The NCPF consists of 10 agreed consumer protection measures that are being progressively introduced.
1.33The Gambling Measures Act 2021 (GMA) is administered by the DSS and enables measures that aim to reduce gambling harm, such as voluntary pre-commitment on pokies. TheGMA also established the AGRC, which conducts national research on gambling.
1.34The Attorney General’s Department, through the Australian Transaction Reports and Analysis Centre, administers the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF Act), which imposes key obligations on businesses, such as gambling companies, to prevent money laundering and terrorism financing.
1.35Sports Integrity Australia provides advice and assistance to government in maintaining the integrity of sports competitions in Australia, including countering match fixing and leading the development of the Australian Sports Wagering Scheme (ASWS). The ASWS is intended to establish a national approach to the regulation of sports wagering, including:
- embedding robust sport integrity frameworks within sports and WSPs
- establishing the requirements for information and intelligence gathering and sharing by key stakeholders, which includes the development of a suspicious alert scheme
- understanding the integrity threat environment and risks associated with sports wagering.[52]
Recent inquiries
1.36In 2015, the Australian Government commissioned a Review of the Impact of Illegal Offshore Wagering. The review considered the importance of robust consumer protection and harm minimisation measures to protect the community from gambling harm, and to reduce the impacts of the offshore market.[53] The recommendations of the review formed the basis for the NCPF.[54]
1.37Four recent parliamentary inquiries have examined aspects of online gambling in Australia:
- Inquiry into gaming micro-transactions for chance-based items (2018)
- Inquiry into age verification for online wagering and online pornography (2020)
- Inquiry into the Interactive Gambling Amendment (Prohibition on Credit Card Use) Bill 2020 (2021)
- Inquiry into the regulation of the use of financial services such as credit cards and digital wallets for online gambling in Australia (2021).
- On 27 November 2018, the Senate Environment and Communications References Committee tabled the report of its inquiry into the extent to which gaming micro-transactions for chance-based items ('loot boxes') may be harmful. The Committee recommended that the Australian Government undertake a comprehensive review of loot boxes in video games and conduct further related research.[55] The Australian Government response noted these recommendations.[56]
- In February 2020, the Standing Committee on Social Policy and Legal Affairs reported on its inquiry that examined age verification for online wagering. The committee recommended that:
- the NCPF introduces a requirement that customers are not able to use an online wagering service prior to verification of their age as 18 years or over (recommendation four)
- the Office of the eSafety Commissioner or other relevant government department report to the Australian Government on options for restricting access to loot boxes and other simulated gambling elements in computer and video games to adults aged 18 years or over, including through the use of mandatory age verification (recommendation five)
- the Office of the eSafety Commissioner develop educational resources to inform parents of the risks and harms associated with online gambling and assist parents to reduce children and young people’s exposure to online gambling (recommendation six).[57]
- The Australian Government responded to the committee’s recommendations in June2021. The government provided in-principal support for recommendations four and six and noted recommendation five.[58] On 29 March 2023, the Minister for Communications, the Hon Michelle Rowland MP, announced that the Australian Government will seek the agreement of states and territory governments to introduce a mandatory minimum classification of R 18+ for games that contain simulated gambling and M for computer games containing paid loot boxes.[59]
- In October 2021, the Senate Environment and Communications Legislation Committee reported on its inquiry into the Interactive Gambling Amendment (Prohibition on Credit Card Use) Bill 2020. The private members’ bill would amend the IGA to implement a ban on the use of credit cards for betting using certain regulated interactive gambling services. The Committee concluded that the bill was unnecessary due to work being undertaken by Responsible Wagering Australia’s[60] members to ban credit card betting, and a review by ACMA into the effectiveness of existing credit betting prohibitions in the IGA.[61] The Committee recommended the Senate not pass the bill.[62] The bill lapsed at the end of the 46th Parliament.
- In November 2021, the Parliamentary Joint Committee on Corporations and Financial Services (PJCCFS) reported on its inquiry into the regulation of the use of financial services such as credit cards and digital wallets for online gambling in Australia. The committee recommended that the Australian Government:
- prioritise the collection of data on online gambling in Australia, including the size and growth of the online gambling market, online gambling with credit, and the extent and nature of the associated harms
- develop and implement legislation to ban online gambling service providers of wagering, gaming and other gambling services (but not lotteries) from accepting payment by credit cards, including via digital wallets
- ensure that, in designing and implementing recommendation two, these measures have no adverse consequences for lotteries, including the activities of not-for-profits, charities and newsagents.[63]
- In May 2023, the Australian Government responded by announcing it will legislate a ban on the use of credit card payments for online gambling, excluding lotteries, and flagged further work on the collection of data on online gambling.[64]
Scope and conduct of the inquiry
1.44Online gambling includes all gambling that is conducted via telephone or online including betting on races, sports and special events through licenced wagering service providers (WSPs), and via illegal offshore websites offering simulated casinos and gaming machines. Many Australians also play interactive games that contain paid gambling-like elements such as loot boxes, and social casinos, which mimic regular casinos, but don’t involve real money.
1.45In undertaking this inquiry, the Committee was concerned about the increasing reach of online gambling platforms into Australians’ lives, the exposure of children and young people to gambling marketing and how this may contribute to increases in gambling harm in the future.
1.46The Committee adopted this inquiry on 15 September 2022, following a referral from the Minister for Social Services, the Hon Amanda Rishworth MP. The terms of reference for the inquiry are provided in the front pages of this report and are available on the inquiry webpage at www.aph.gov.au/onlinegambling.
1.47The Committee called for written submissions, ideally of no more than ten pages, from individuals and organisations providing recommendations relating to any or all of the inquiry terms of reference by Friday, 11November 2022.
1.48The Committee received 161 submissions and 26 exhibits and held 13 public hearings. The list of submissions is provided at Appendix A. The list of public hearings and witnesses is provided at Appendix B. The list of exhibits is provided at Appendix C.
Terminology
1.49On 12 October 2022, the Committee amended the inquiry title and terms of reference to ensure the language of the inquiry is inclusive to support people with lived experience of gambling harm to participate. This decision was taken following feedback from several stakeholders. The Minister supported these changes.
1.50The Committee understood that the language used by the inquiry is important and formed the view that terms such as ‘problem gambler’ that are used to describe people with lived experience of gambling harm are stigmatising and should be avoided.
1.51The inquiry title was changed to the Inquiry into online gambling and its impacts on those experiencing gambling harm.
1.52The inquiry terms of reference were amended to replace the words ‘problem gamblers’ with ‘those experiencing gambling harm’, and ‘problem gambling’ with ‘gambling harm’.
1.53The Committee asked inquiry contributors to adopt this neutral terminology where possible.
1.54The term ‘problem gambling’ is commonly used to describe the highest risk category of the Problem Gambling Severity Index, which is based on clinical criteria for addiction. This report uses ‘highest risk gambling’, where possible, in reference to this category.
Report structure
1.55Chapter two considers the adequacy of Australia’s current approach to preventing online gambling harm. The limitations of this approach are considered, and include:
- the absence of a comprehensive national strategy on gambling harm reduction
- complex, fragmented and inconsistent regulation
- a failure to address gambling harm as a serious public health issue through an overreliance on individual responsibility
- concerns the gambling industry has too much influence over how it is regulated
- the need for stronger, evidence-based public health messaging and education to counter the influence of gambling marketing and to encourage help-seeking by Australians experiencing gambling harm
- a lack of independent research and transparent data to inform regulation and policy
- the need for further measures to disrupt illegal online gambling.
- Chapter three considers the adequacy of current counselling and supports available to Australians experiencing gambling harm. It examines barriers to help-seeking, such as shame and stigma, and whether current services are meeting peoples’ diverse needs.
- Chapter four considers the adequacy of current legislation and industry codes that regulate online WSPs, and current consumer protections including:
- NCPF measures and operator-led interventions
- enforcement and penalties
- complaints and dispute resolution.
- Chapter five considers whether Australia’s current restrictions on gambling advertising are meeting community expectations and are adequately protecting children, young people and Australians who are experiencing gambling harm. It examines:
- the links between the normalisation of gambling through advertising and sport, and gambling harm
- the limitations of the current legislative and regulatory framework for gambling advertising
- the concerns of those who have a financial interest in the advertising of online gambling products, such as media and sporting organisations, and WSPs, about further restrictions on gambling advertising.
- Chapter six examines whether Australia’s current regulation of simulated gambling and gambling-like elements in interactive games is adequate to protect children and young people from harm. It considers strategies for harm prevention and international responses to these issues.