Commonwealth of Australia Explanatory Memoranda

[Index] [Search] [Download] [Bill] [Help]


BROADCASTING SERVICES AMENDMENT (ADVERTISING FOR SPORTS BETTING) BILL 2013

                           2010-2011-2012-2013




    THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                               THE SENATE




Broadcasting Services Amendment (Advertising for Sports Betting) Bill 2013



                    EXPLANATORY MEMORANDUM




               (Circulated by authority of Senator R Di Natale)




                                      1


BROADCASTING SERVICES AMENDMENT (ADVERTISING FOR SPORTS BETTING) BILL 2013 OUTLINE The Broadcasting Services Amendment (Advertising for Sports Betting) Bill 2013 is being introduced in order to curb the problem of excessive promotion of potentially harmful gambling services as part of sports broadcasts. In recent times, the nexus between sports wagering companies and broadcasters has become more entrenched, leading to more advertisements, the promotion of live odds during games, and the appearance of bookmakers as guests during sporting broadcasts. This unmistakable increase has caused significant debate over the future of sport and has caused a high level of concern in the community. Due to the popularity of sports broadcasts with children and families and the potential for harm inherent in gambling products, there is consensus amongst academic experts and the public that steps should be taken to minimise the exposure to children of gambling promotions. This Bill limits that exposure by limiting TV and radio broadcasts from: - Broadcasting live odds advertisements or information; - Broadcasting gambling advertisements before 9pm at night; - Promoting gambling services as part of editorial content. NOTES ON CLAUSES Clause 1 - Short Title 1. This is a formal provision specifying the short title. Clause 2 - Commencement 2. This clause indicates that the Act will commence the day it receives the Royal Assent. Clause 3 - Schedules 3. This clause provides that an Act that is specified in a Schedule is amended or repealed as set out in that Schedule, and any other item in a Schedule operates according to its terms. 2


Schedule 1 - Amendments of Broadcasting Services Act 1992 Item 1 This item amends Schedule 2 of the Act to add further conditions on the provision of a commercial television broadcasting license. New section 7AB(1) places three restrictions on what a licensee may broadcast with regards to sports wagering. Paragraph 7AB(1)(a) stipulates that the licensee must not broadcast advertisements with odds for sports betting, as these terms are defined in new subsection 7AB(2). This clause is a prohibition on the advertising of odds at any time. While other advertisements for sports betting services are allowed under other circumstances, they may not include numerical odds. Paragraph 7AB(1)(b) stipulates that any advertisements for sports betting must be broadcast after 9pm at night. Although advertisements for sports betting are generally not aired during children's viewing hours there remains an exemption to this convention in the case of sports broadcasts. This clause seeks to prevent the over-exposure of children to inappropriate advertisements by limiting them to a time of day when younger children are less likely to be watching. Paragraph 7AB(1)(c) prohibits the broadcasting of information about odds within a 30- minute window of a sports broadcast (such as a live or recorded sporting event) or a sports- related broadcast (such as a panel or discussion show about sport or a sport). This clause would prohibit commentators from discussing the odds being offered by bookmakers prior to or during a sporting event. New section 7AC relates to the promotion of sports betting products and services outside of the usual commercial breaks. This section is intended to prohibit so-called "cash for comment" promotion, where commentators on the program mix commercial messages with editorial content. Information about sports betting products and services must not be discussed outside of a regular schedule advertising break by the commentators on a broadcast, including guests, if the licensee is paid to do so. Item 2 This item creates restrictions identical to Item 1 for commercial radio licensees. Item 3 This item creates restrictions identical to Items 1 and 2 for subscription television licensees. Item 4 This item provides that the amendments in the Act apply from the date the Act receives Royal Assent. 3


Statement of Compatibility with Human Rights Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 Broadcasting Services Amendment (Advertising for Sports Betting) Bill 2013 This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. Overview of the Bill This Bill amends the Broadcasting Services Act 1992 to place restrictions on material that the holders of commercial broadcast licenses may broadcast with regard to sports wagering. Human rights implications The Bill restricts the ability of commercial broadcasters in the timing and detail of broadcasts promoting sports betting. It does not overly limit the discussion of gambling in a purely editorial context by licensees or by individuals or organisations outside the context of a commercial television or radio broadcast utilising public spectrum. This restriction is in line with other restrictions on broadcast media made for public convenience and protection, including restrictions in time and content relating to other adult-oriented material. The Bill has a public health purpose in limiting exposure to children and adults of material potentially leading to harmful behaviour. As such, the restriction on the freedom of expression of licensed broadcasters is in line with Article 19 of the International Covenant on Civil and Political Rights which allows for limitations in law that are for the protection of public health. 4


 


[Index] [Search] [Download] [Bill] [Help]