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ACMA finds Kayo in breach of gambling advertising rules

Gambling ads must not be streamed during live sport events between 5am and 8.30pm

By Mediaweek AdminPublished Apr 19, 2023
2 min read
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The Australian Communications and Media Authority (ACMA) has found sports streaming service Kayo contravened gambling advertising rules by showing gambling advertisements during the May 2022 Fremantle V Collingwood AFL match.

Gambling ads must not be streamed during live sport events between 5am and 8.30pm, including the five minutes before and after the event.

The ACMA investigation found gambling promotions were streamed on the Kayo service within 5 minutes before play commenced and during scheduled breaks.

ACMA Chair Nerida O’Loughlin said audiences expect streaming platforms to show live sports in accordance with the rules.

“Streaming services need to comply with the rules in the same way traditional television broadcasters do,” she said.

“Gambling advertising during live sport is a major concern for Australians. Families want to watch live sport without needing to worry that children may come to think of gambling as a part of the game.”

During the course of the ACMA’s investigation, Kayo implemented live production testing and technical enhancements to the processes and software it uses to schedule advertising. Kayo will also have senior management review and sign off on future system changes that may affect the streaming platform’s compliance with the rules.  

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The ACMA has issued Kayo with a formal warning for contravening the gambling advertising rules.

In response, a Foxtel Group spokesperson said: “The Foxtel Group notes the outcome of the investigation from the Australian Communications and Media Authority.

“This issue arose because of a system failure, which meant that a small proportion of viewers who joined the stream at a particular point in time were not identified as viewing the match on a live basis, and were incorrectly served gambling promotional content.

“We have worked closely with ACMA through its investigation, and have implemented live production testing and technical enhancements to processes and software used to schedule advertising.”

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