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Broadcasting
Services Amendment (Advertising for Sports Betting) Bill 2013
Introduced into the Senate on 15 May
2013
Sponsor: Senator Di Natale
Overview
1.1
This bill seeks
to impose restrictions on the broadcasting of material relating to betting on
sports. The bill proposes to amend the Broadcasting Services Act 1992 to
introduce restrictions on what the holders of commercial and subscription
television broadcasting licences and commercial radio licences may broadcast
with regards to sports wagering. In particular, it would:
- prohibit the
broadcasting at any time of advertisements with odds for sports betting;
- require that any
advertisements for sports betting be broadcast after 9 pm. This limitation 'seeks
to prevent the over-exposure of children to inappropriate advertisements by
limiting them to a time of day when younger children are less likely to be
watching';[1]
- prohibit the
broadcasting of information about odds within a 30-minute window of a sports
broadcast (such as a live or recorded sporting event) or a sports-related
broadcast (such as a panel or discussion show about sport or a sport);
- prohibits the
promotion of sports betting products and services outside of the usual
commercial breaks. This 'is intended to prohibit so-called "cash for
comment" promotion, where commentators on the program mix commercial
messages with editorial content.'[2]
1.2
The committee
notes that the Joint Select Committee on Gambling Reform is currently
conducting an inquiry into the advertising and promotion of gambling services
in sport.[3]
Compatibility with human
rights
1.3
The bill is
accompanied by a self-contained statement of compatibility which states that while
the bill places limits on freedom of expression, the proposed restrictions are a
permissible limitation.
Rights
of the child
1.4
The committee
notes that, in addition to the freedom of expression issues, the focus of the
bill on protecting the rights and interests of children may also promote the
rights guaranteed under the Convention on the Rights of the Child.
Freedom
of expression
1.5
Article 19 of
the International Covenant on Civil and Political Rights (ICCPR) guarantees the
right to freedom of expression, which includes the freedom to seek, impart and
receive ideas and information through different media. The guarantee includes
the freedom to engage in commercial speech and to receive information of a
commercial nature. The rights guaranteed by the ICCPR are not directly enjoyed
by corporations, so many of those who wish to engage in commercial speech
relating to betting will not be able to directly invoke this right. However,
there may be individuals engaged in the business who wish to advertise, and
they would be able to invoke the right. In addition, the rights of viewers or
listeners to receive such information would be directly affected by the
restrictions posed by the bill.
1.6
In order to
justify a limitation on the exercise of freedom of expression, it must be shown
that it is (i) aimed at achieving a purpose which is legitimate; (ii) based on
reasonable and objective criteria, and (iii) proportionate to the aim to be
achieved. That assessment will generally involve a consideration of whether
there are other less restrictive ways of achieving the objective.
1.7
The explanatory
memorandum states that:
In recent
times, the nexus between sports wagering companies and broadcasters has become
more entrenched, leading to more advertisements, the promotion of live odds
during games, and the appearance of bookmakers as guests during sporting
broadcasts. This unmistakable increase has caused significant debate over the
future of sport and has caused a high level of concern in the community.
Due to the
popularity of sports broadcasts with children and families and the potential
for harm inherent in gambling products, there is consensus amongst academic
experts and the public that steps should be taken to minimise the exposure to
children of gambling promotions.[4]
1.8
The statement of
compatibility states that the bill 'has a public health purpose in limiting
exposure to children and adults of material potentially leading to harmful
behaviour.'[5]
It further notes that 'this restriction is in line with other restrictions on
broadcast media made for public convenience and protection, including
restrictions in time and content relating to other adult-oriented material'.[6]
1.9
The committee
accepts that protecting children from exposure to advertising that may have an
adverse impact on their subsequent behaviour, including possibly developing
harmful gambling habits, is a legitimate objective under the ICCPR.
1.10
The committee notes
that the bill does not propose a complete prohibition on the advertising of
betting services (other than numerical odds), and is designed to limit the
exposure of children to such material while still allowing the advertising
material to be broadcast at times when children are less likely to be watching
or listening. These restrictions on advertising during, immediately before and
after live broadcasts, and before 9pm appear to be tailored to achieving a
specific goal. However, it is not clear why there is a complete ban proposed on
the broadcasting of numerical odds at any time.
1.11
The
committee considers that the bill does not appear to give rise to human rights
concerns.
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