ACMA investigates Hubbl, finds Kayo breached gambling advertising rules
Hubbl advised that the breach was caused by a system error.
The Australian Communications and Media Authority (ACMA) has found that sports streaming service Kayo, provided by Foxtel's Hubbl, breached gambling advertising rules by presenting gambling ads during live sports events outside of allowed times.
The ACMA investigated Hubbl following complaints from viewers relating to live streams of a number of sporting events on Kayo.
Gambling advertisements are not allowed to be shown by online content providers during live sports events between 5 am and 8:30 pm, including in the five minutes before and after the event.
The ACMA's investigations identified 16 different gambling advertisements were provided outside the allowed times across a total of 267 live sports events.
ACMA Authority member Carolyn Lidgerwood said the scale of the error as well as Hubbl's failure to identify a system bug affecting the playout of gambling ads across a large number of live sport events was concerning.
“Online streaming services as well as broadcasters all have a responsibility to put robust systems in place so that they adhere to these long-standing gambling advertising rules,” she said.
“The rules are there to reduce viewer exposure to gambling ads, particularly for impressionable young audiences and those vulnerable to gambling harms. In this case, Hubbl has let those viewers down.”
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A Foxtel Group spokesperson told Mediaweek: “The issue was caused by a system coding error that affected viewers using Kayo Sports iOS applications and it was rectified as soon as Hubbl became aware of the issue. We are pleased to have worked collaboratively with the ACMA throughout its investigation and will continue to do so in respect of the ACMA’s remedial direction.”
The ACMA has issued Hubbl with a remedial direction requiring it to arrange an external audit of its technical systems and processes, including the measures that it has implemented subsequent to the breaches.
ACMA states if Hubbl fails to comply with the terms of the remedial direction it may be ordered by the Federal Court to pay penalties of up to $626,000 per day.
