Public Health Legislation Prohibiting Sports-Embedded Gambling Advertisting

FARR M AND FAUNCE TA. PUBLIC HEALTH LEGISLATION PROHIBITING SPORTS-EMBEDDED GAMBLING ADVERTISING (2017) 24 JLM 774-787

14 Pages Posted: 20 Feb 2018

See all articles by Madeleine Farrar

Madeleine Farrar

ANU College of Law

Thomas Alured Faunce

Australian National University

Date Written: February 18, 2017

Abstract

Australian Federal Labor, Green and Independent politicians have recently called for a blanket ban on sports-embedded gambling advertising (SEGA), and the Prime Minister has announced that such advertising would be banned during live sporting telecasts before 8.30pm. A considerable body of research establishes the adverse public health impacts of such gambling. The decision of the Australian High Court in Betfair Pty Ltd v Western Australia (2008) 234 CLR 418 paved the way, however, for an expansive online Australian sports-betting market for both interstate operators and internationally located gambling companies. The combination of widespread internet access and smart phone usage has resulted in an environment where placing a bet is more likely to occur in the home in front of children, hence the concern about its “normalisation”. Elite sports people have made public pronouncements that SEGA is now excessive, inconsistent with blanket prohibitions on gambling by elite sports people and damaging to public health. This column critically examines the regulatory landscape governing the advertisement, sponsorship and promotion of SEGA within Australian sport and why the current Bills on this topic do not go far enough.

Keywords: Gambling, Gambling Advertising, Sports Advertising, Gambling Law, Sports Gambling

JEL Classification: O33, L34, I23

Suggested Citation

Farrar, Madeleine and Faunce, Thomas Alured, Public Health Legislation Prohibiting Sports-Embedded Gambling Advertisting (February 18, 2017). FARR M AND FAUNCE TA. PUBLIC HEALTH LEGISLATION PROHIBITING SPORTS-EMBEDDED GAMBLING ADVERTISING (2017) 24 JLM 774-787. Available at SSRN: https://ssrn.com/abstract=3125703

Madeleine Farrar

ANU College of Law

Canberra, Australian Capital Territory 0200
Australia

Thomas Alured Faunce (Contact Author)

Australian National University ( email )

Canberra, Australian Capital Territory 0200
Australia
61 2 61253563 (Phone)

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