Communications Law Centre, UTS
Submission to the Proposed Amendments to the
Commercial Television Industry Code of Practice-
Promotion Of Live Odds During Sporting Events
Table of Contents
Executive Summary ... 1
1. Introduction ... 1
2. The nature of sports wagering ... 2
3. CLC supports a total ban on live odds promotion in sports coverage ... 2
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Communications Law Centre, UTS
Executive Summary
1. CLC considers that while wagering used to be periodic, it is evolving due to the promotion of live odds during sports coverage into a casino-like continuous paradigm in which gamblers can bet, at any time, over all mediums and on all aspects of sport.
2. CLC considers that the promotion of live odds during sports coverage normalises wagering.
3. The CLC supports the recommendation of the Parliamentary Joint Select Committee on Gambling Reform which proposes legislation prohibiting live odds promotion during the broadcast of sporting events. This prohibition should extend to advertising, pre and post-match commentary and
discussion, commentary and discussion in scheduled breaks in play and unscheduled breaks in play and to sports and sports related discussion and panel programs.
4. The prohibitions on live odds promotion contained in Proposed Section 8: Promotions For Live Odds in Sports Coverage are too narrow.
5. If Proposed Section 8 is adopted:
A promotion of live odds as part of a broadcast of a live sporting event, or relating to a live sporting event by any persons should be prohibited.
Advertisements and sponsorship information relating to a gambling organisation should not be permitted during the broadcast of a live sporting event, during pre and post-match commentary and discussion or during sports and sports related discussion and panel programs.
Any permitted promotion of live odds or advertising and sponsorship information relating to a gambling organisation must satisfy a number of harm minimisation measures. These should include a statement, in broad terms, relating to the potential of monetary losses from wagering.
The Commercial Television Industry Code of Practice should be consistent with other legislation and regulation.
The proposed rules regarding the promotion of live odds should not apply to coverage of horse racing, harness racing and greyhound racing events.
1. Introduction
1.1 The Communications Law Centre, UTS (CLC) is an independent, non-profit, public interest centre specialising in communications, media and online law and policy. We appreciate this opportunity to respond to Free TV Australia’s public consultation into the proposed amendments to the Code of Practice.
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2. The nature of sports wagering
2.1 Wagering has typically attracted less legislation and regulation than other forms of gambling (such as casino-like games) because of a perceived lower potential for problem gambling behaviour.1 For example, at present, there are few restrictions on online sports wagering in the Interactive Gambling Act 2001 (Cth.). 2
2.2 CLC considers that wagering is no longer necessarily periodic, and is evolving into a casino-like continuous paradigm in which gamblers can bet, at any time, over all mediums and on all aspects of sport. As a result, the potential for problem gambling behaviour is significant. Regulation of wagering should be strengthened to counteract the potential for harm.
2.3 CLC considers that the promotion of live odds during sports coverage normalises wagering.
Significant long term social harms may result from instilling a culture of wagering, particularly in the case of children.
3. CLC supports a total ban on live odds promotion in sports coverage
3.1 Commercial television broadcasters have significant reach and influence, and should be subject to legislation and regulation in the public interest.3
3.2 The CLC supports the recommendation of the Parliamentary Joint Select Committee on Gambling Reform which proposes legislation prohibiting live odds promotion during the broadcast of sporting events.4 This prohibition should extend to:
Advertising, whether in scheduled commercial breaks or “in play”;
Pre and post-match commentary and discussion;
Commentary and discussion in scheduled breaks in play and unscheduled breaks in play; and
1
Department of Families, Housing, Community Services and Indigenous Affairs, Review of Current and Future Trends in Interactive Gambling Activity and Regulation (June 2009), available at http://www.fahcsia.gov.au/our-responsibilities/communities-and- vulnerable-people/publications-articles/review-of-current-and-future-trends-in-interactive-gambling-activity-and-regulation-june-2009 .
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Wagering on sporting events currently enjoys a general exemption under s 8A Interactive Gambling Act 2001 (Cth).The IGA is currently subject to review by the Department of Broadband, Communications and the Digital Economy. The DBCDE
recommended that regulation be strengthened in this area (see Recommendation 28, Review of the Interactive Gambling Act 2001- Final Report 2012 at p 19.)
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Commercial television broadcasters play a central role in providing commentary and coverage of news and sporting events. They should be subject to a significant level of regulatory control per s 4(1) Broadcasting Services Act 1992 (Cth.).
4
Parliamentary Joint Select Committee on Gambling Reform, Second Report, Interactive and online gambling and gambling advertising, Interactive Gambling and Broadcasting Amendment (Online Transactions and Other Measures) Bill 2011, Recommendation 14, para. 12.101. Note, this legislation has not been enacted.
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Sports and sports related discussion and panel programs .
3.3 If a co-regulatory approach is preferred, amendments to the Commercial Television Industry Code of Practice should be comprehensive and enforceable.
3.4 The prohibitions on live odds promotion contained in Proposed Section 8: Promotions For Live Odds In Sports Coverage are too narrow. The CLC recognises that a total prohibition is proposed for commentators and guests of commentators, who arguably are the most influential people in a sports broadcast. However, viewers are also influenced by other persons such as advertisers,
representatives of gambling organisations and participants in sporting events.
3.5 The CLC also considers that viewership of sports and sports themed discussion and panel programs, such as (AFL/NRL) The Footy Show, often match or exceed viewership of sporting events themselves.5 Prohibitions on the promotion of live odds should extend to such programs, where a substantial portion of the program relates to sport or sport related events, topics and themes.
4. Proposed amendments to Proposed Section 8: Promotions For Live Odds In Sports Coverage
4.1 The CLC proposes the following amendments to Proposed Section 8: Promotions For Live Odds In Sports Coverage:
A promotion of live odds as part of a broadcast of a live sporting event, or relating to a live sporting event by any persons (including commentators, guests of commentators, other guests, participants, advertisers, discrete and distinguishable representatives of gambling organisations and any other persons that feature in the broadcast) will be prohibited:
o At any time during play (including during breaks in play and during a suspension in play); o During the period 30 minutes before play commences;
o During the period 30 minutes after play has concluded; and o During sports and sports related discussion and panel programs.
Advertisements and sponsorship information relating to a gambling organisation will not be permitted during a live sporting event (including breaks and suspensions in play), during the period 30 minutes before play commences, during the period 30 minutes after play has concluded, or during sports and sports related discussion and panel programs. This prohibition should apply regardless of whether the advertisement contains any references to live odds.
Any permitted promotion of live odds or advertising and sponsorship information relating to a gambling organisation must satisfy a number of harm minimisation measures. These should include a statement, in broad terms, relating to the potential of monetary losses from wagering.
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‘The Footy Show kicks goals in pre-grand final specials’, mUmBRELLA, Sep 28 2012, http://mumbrella.com.au/the-footy-show-kicks-goals-in-pre-grand-final-specials-118979. Nines Footy Show was the highest rating program for the night in question.
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The Commercial Television Industry Code of Practice should be consistent with other legislation and regulation, such as clause 12 of the Racing Administration Regulation and clause 13 of the Totalizator Regulation (NSW).6
The proposed rules regarding the promotion of live odds will not apply to coverage of horse racing, harness racing and greyhound racing events.
Professor Michael Fraser, AM William Renton
Director Researcher
Communications Law Centre, UTS Communications Law Centre, UTS
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As quoted in NSW Government, Submission 56 to Parliamentary Joint Select Committee on Gambling Reform n4, p. 4. The provisions examine the concepts of social responsibility, misleading advertising, decency, exaggerated claims, association with alcohol consumption and association with success or achievement with respect to advertising gambling products in greater detail.
