The federal government is reportedly preparing a diluted version of the gambling advertising ban commonly known as "Murphy's law", according to a report published by iGaming Business on 6 August 2024. The measure is named after the late MP Peta Murphy, who authored the parliamentary report that first recommended sweeping restrictions.
What is reportedly being proposed
According to the reports cited by the trade publication, the government would introduce a cap of two gambling ads per hour until 10pm. It would also ban gambling ads for an hour before and after live sports broadcasts.
Online gambling ads are also expected to be prohibited from commercial radio for an hour a day, including between 8.30am and 9am and between 3.30pm and 4pm, according to the same reports. The source does not explain how that radio restriction would work in practice.
A full ban on online advertising is still described as likely. Jamie Nettleton, a partner at gaming law firm Addisons, said such a ban would "kill affiliates and influencer marketing". He added that the sector has known restrictions were coming and has been working to put some in place for some time.
These details come from media reports and a legal commentator, not from an official government announcement. The government's final response has not been published.
Draft stage and unresolved questions
Nettleton said the government likely does not want to upset the media, though it is not yet clear what its final response will be. He said a response is expected in the next few weeks. However, he also said the proposed restrictions are in the draft stage and have not yet gone to cabinet, so there is no clear timeline for implementation.
Any change would need to be implemented through legislation filed in parliament.
Meetings between the government, sports bodies, gambling stakeholders and media entities have reportedly been ongoing. Uncertainty remains over what a ban could mean for sports advertising, including jersey sponsorships and on-field ads. Nettleton said there has not yet been any clear consideration of those areas.
From a total ban to a compromise
The House of Representatives committee on social policy and legal affairs reported in June 2023. It proposed a total prohibition of all gambling ads within three years, covering both broadcast media and online. Murphy, who authored the report, died in December 2023.
Independent senator David Pocock criticised the revised approach on X on 6 August. He asked why the government, parliament and community had shifted from supporting a total ban to backing away from the initial plans.
"What a total cop out & betrayal of the late Peta Murphy's legacy. There is support in the parliament to implement the Murphy Review recommendations in full – not some watered down policy to appease the gambling industry," Pocock wrote.
He also said: "A phased in gambling ad ban would destroy sport – where have we heard that before?"
Industry positioning
The source says betting operator Tabcorp initially supported a reduction in gambling advertising in its submission to the Murphy report last year. PointsBet said in its recent full-year results that it had taken action to reduce its advertising.
According to the report, PointsBet no longer displays its ads on free-to-air television between 6pm and 9.30pm. It is also removing its branding from stadiums and sports team jerseys, meaning its sponsorship deals with the Manly Sea Eagles and Cronulla Sharks will be waived from 2025. These are the company's own statements as relayed by the publication, and the source does not give further detail.
Until the government publishes its response and legislation is introduced, the proposals remain reports and drafts rather than law.