UPDATE: The Australian Communications and Media Authority (ACMA) has just reaffirmed its commitment to stringent gambling regulations, rejecting claims of weakened enforcement in the ongoing Sportsbet case. This comes after public outcry over allegations that Sportsbet attempted to influence a 2022 enforcement decision.
The ACMA has faced increasing scrutiny following revelations that Sportsbet challenged a previous ruling and reportedly pressured the regulator to alter a public announcement about its enforcement actions. Documents released under freedom-of-information laws indicate that the regulator was under pressure to publicly defend its decision, leading to questions about its integrity.
In a decisive move, the ACMA confirmed it had imposed a record AUD 2.5 million ($1.7 million) fine on Sportsbet for violating Australia’s spam regulations by sending marketing communications to individuals who had already opted out. This breach impacted tens of thousands of consumers, raising significant concerns about consumer protection.
“We are committed to stopping unlawful conduct and protecting consumers from harm,” the ACMA stated. The regulator emphasized that its compliance and enforcement activities are designed to deter future violations. In the 2024-25 period alone, the ACMA reported issuing infringement notices totaling more than AUD 13.5 million ($8.5 million), including a AUD 7.5 million ($5 million) penalty against the Commonwealth Bank of Australia for similar spam breaches.
The recent scrutiny intensified following an ABC report detailing how senior figures at the Commonwealth Bank lobbied the ACMA to delay the announcement of its penalties until after the bank’s annual general meeting. Anthony Whealy, chair of the Centre for Public Integrity, criticized this delay as “quite wrong,” suggesting it illustrates the bank’s undue influence over the regulator.
The ACMA, addressing these criticisms, reiterated that any revisions made to its media release regarding Sportsbet did not alter the enforcement outcome. “We will continue to take strong, proportionate action to ensure compliance,” the regulator asserted.
This situation raises significant questions about accountability and transparency in regulatory practices. As Whealy pointed out, such actions may suggest the ACMA is catering to the interests of those it regulates, undermining public trust.
The ACMA concluded its statement by highlighting its primary goal: educating the regulated community on legal standards and acting as a deterrent against violations. The fallout from this case continues to develop, with stakeholders and the public closely monitoring the ACMA’s future actions.
Stay tuned for more updates as this story unfolds.
