Australia's betting ad ban may cover influencers too

From 1 January 2027, wagering advertising in Australia must not feature a "notable person": an athlete, a celebrity, a social media influencer or another prominent individual. On 19 October the Australian Communications and Media Authority (ACMA) published its first guidance on how it will read that rule. The main point: the definition is deliberately broad, and audience size alone doesn't decide who counts.

In Australia, "wagering" means betting on sport and racing. Online casino games are not a licensed product there, so this rule is about sportsbook and racing ads, not casino ads.

What the rule says

The ban is in section 62W of the Interactive Gambling Act 2001, part of a new Part 7C added by the Interactive Gambling Amendment (Gambling Reform) Act 2026, which Parliament enacted on 26 August 2026. It applies to wagering ads on every platform, including broadcast TV, radio, news websites, online games and social media.

ACMA's guidance puts it like this: wagering advertising, "whether broadcast or provided online, must not feature a notable person", and licensed providers "must not enter into contracts or arrangements or arrive at an understanding" for a notable person's involvement in promoting wagering advertising in Australia.

A notable person is a current or former:

• professional sports player or athlete,
• celebrity,
• social media influencer,
• prominent individual,
• or anyone in a class the communications minister adds later.

ACMA calls the definition "purposefully broad". The reform aims to protect "vulnerable Australians, particularly children and young people", but the definition is not limited to people who appeal to children: ACMA says notable people are also likely to appeal to "individuals at risk of gambling harm, as well as growing segments of the online wagering market, such as younger men".

Small influencers can count

The guidance says "there is no prescribed number of followers or subscribers that a person must have to be considered an influencer." ACMA will look at public recognition, media exposure, professional achievements and the ability to influence others. Prominence within a specific community or demographic can count.

One hypothetical example in the guidance, "Person Q", is a young content creator with "less than 10k followers" whose commentary and predictions on a niche esports league are regularly shared by fans and on esports forums. ACMA says Person Q "may still be considered a notable person because of their prominence and recognition within a specific demographic".

The guidance also covers people who appear as a character, if the betting company wants to benefit from how recognisable they are. An ordinary actor without a real public profile is unlikely to count.

The betting company carries the risk

The obligation sits with the licensed wagering provider, not with the person in the ad. Any enforcement action and penalties would apply to the provider, even when an advertising agency made the content.

Status can also change during a campaign. ACMA's example is an unknown actor who becomes famous after landing a lead role in a hit TV series. The original contract may have been fine, but once the person becomes notable the provider must take "all reasonably available steps" to pull the ads. Under the Act, each further broadcast or online publication of such an ad is a separate contravention. ACMA says it will assess cases individually and take a "commonsense approach".

The exceptions

There is a narrow exception for ads that relate solely or principally to racing, shown on a dedicated racing programme, channel or online service. Both conditions must be met.

Separately, the reform bans wagering advertising on sports uniforms and at venues during live sporting events. Under transitional rules, that uniform and venue ban does not apply to advertising under contracts or arrangements entered into before the bill was introduced on 2 July 2026, until 31 December 2031. ACMA says this means a notable person may still be seen with wagering advertising on their uniform under such a contract. The grandfathering covers uniforms and venues only, not the notable-persons ban in ads.

Why it matters beyond TV

The guidance names content creators, vloggers, podcasters and brand ambassadors among the people who can be social media influencers. A betting company can no longer assume a small creator is safe because the follower count is low. ACMA has said more formal guidance may follow.

The notable-persons ban is one part of the wider reform package we covered in Australia's advertising and red-flag reforms. For other ACMA enforcement, see the Dabble BetStop penalty, and for a European angle on influencers, Greece's complaints against 18 influencers.

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