ACMA flags legal risks for influencer gambling endorsements

The Australian Communications and Media Authority (ACMA) has issued a public notice cautioning social media influencers against promoting illegal online gambling services to Australian audiences, citing potential civil penalties as high as AU$2.5 million (US$1.3 million).

According to ACMA, several influencers have been observed endorsing and linking to illegal gambling platforms via Instagram, Facebook, TikTok, and other channels, in violation of the Interactive Gambling Act 2001.

The law prohibits the promotion of unlicensed gambling services, including online casinos and in-play sports betting.

“Influencers must understand that the promotion of illegal gambling services in Australia is illegal and substantial penalties apply,” ACMA stated. “If you’re an influencer and profit from promoting illegal games and wagering services to Australians, you are breaking the law.”

Scope of illegality

Under current Australian law, only licensed sports wagering and specific lottery products can be offered online. Online casino games, including slot-style games and digital blackjack, remain illegal. It is also unlawful to provide unlicensed lotteries, accept in-play online sports bets, or promote such services to the public.

Influencer activity that could be in breach of the law includes live streaming the use of illegal gambling services, demonstrating how to use or place bets on those platforms, or running promotional giveaways tied to such services. Sharing hyperlinks that direct followers to unlicensed gambling websites is also prohibited and can result in significantly higher fines.

For general promotion of illegal services, individuals face civil penalties up to AU$59,400. Facilitating access, such as providing links to black market sites, carries a maximum penalty of AU$2,475 million.

ACMA oversight and enforcement

The warning comes as part of ACMA’s continued efforts to enforce online gambling regulations. The regulator has ramped up enforcement action in recent months, including against licensed operators that failed to comply with self-exclusion provisions.

In early June, Buddybet, Ultrabet, VicBet, and Topbet were sanctioned for breaches related to self-excluded players. Before that, in May, ACMA ordered Unibet to pay a penalty of AU$1 million following over 100,000 contraventions of the Interactive Gambling Act 2001. The investigation revealed that Unibet failed to close 954 user accounts in a timely manner after users had self-excluded.

Consumer risk and vulnerability

According to the regulator, using illegal gambling services presents significant risks. “The risks of using illegal gambling services are high,” the agency said. “These services don’t provide the consumer protections Australians expect, so players can be scammed out of their money.”

ACMA also expressed concern about the vulnerability of younger users on social media. “Young Australians who are active online can be more vulnerable. You may be putting people who follow you at real risk of harm," said the regulator. "ACMA is monitoring what influencers are promoting very closely.”

The agency reiterated its position that both influencers and gambling operators are under active surveillance and that violations will be met with appropriate legal action.

The announcement serves as a broader notice to the gambling industry and digital content creators alike to ensure compliance with Australia’s gambling laws, particularly regarding content shared on social platforms.