Communications Law Centre, UTS
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1 Cmmunicatins Law Centre, UTS Submissin t the Prpsed Amendments t the Cmmercial Televisin Industry Cde f Practice- Prmtin Of Live Odds During Sprting Events 20/05/2013
2 Table f Cntents Executive Summary Intrductin The nature f sprts wagering CLC supprts a ttal ban n live dds prmtin in sprts cverage Prpsed amendments t Prpsed Sectin 8: Prmtin Fr Live Odds In Sprts Cverage... 3
3 Cmmunicatins Law Centre, UTS Executive Summary 1. CLC cnsiders that while wagering used t be peridic, it is evlving due t the prmtin f live dds during sprts cverage int a casin-like cntinuus paradigm in which gamblers can bet, at any time, ver all mediums and n all aspects f sprt. 2. CLC cnsiders that the prmtin f live dds during sprts cverage nrmalises wagering. 3. The CLC supprts the recmmendatin f the Parliamentary Jint Select Cmmittee n Gambling Refrm which prpses legislatin prhibiting live dds prmtin during the bradcast f sprting events. This prhibitin shuld extend t advertising, pre and pst-match cmmentary and discussin, cmmentary and discussin in scheduled breaks in play and unscheduled breaks in play and t sprts and sprts related discussin and panel prgrams. 4. The prhibitins n live dds prmtin cntained in Prpsed Sectin 8: Prmtins Fr Live Odds in Sprts Cverage are t narrw. 5. If Prpsed Sectin 8 is adpted: A prmtin f live dds as part f a bradcast f a live sprting event, r relating t a live sprting event by any persns shuld be prhibited. Advertisements and spnsrship infrmatin relating t a gambling rganisatin shuld nt be permitted during the bradcast f a live sprting event, during pre and pst-match cmmentary and discussin r during sprts and sprts related discussin and panel prgrams. Any permitted prmtin f live dds r advertising and spnsrship infrmatin relating t a gambling rganisatin must satisfy a number f harm minimisatin measures. These shuld include a statement, in brad terms, relating t the ptential f mnetary lsses frm wagering. The Cmmercial Televisin Industry Cde f Practice shuld be cnsistent with ther legislatin and regulatin. The prpsed rules regarding the prmtin f live dds shuld nt apply t cverage f hrse racing, harness racing and greyhund racing events. 1. Intrductin 1.1 The Cmmunicatins Law Centre, UTS (CLC) is an independent, nn-prfit, public interest centre specialising in cmmunicatins, media and nline law and plicy. We appreciate this pprtunity t respnd t Free TV Australia s public cnsultatin int the prpsed amendments t the Cde f Practice. 1
4 2. The nature f sprts wagering 2.1 Wagering has typically attracted less legislatin and regulatin than ther frms f gambling (such as casin-like games) because f a perceived lwer ptential fr prblem gambling behaviur. 1 Fr example, at present, there are few restrictins n nline sprts wagering in the Interactive Gambling Act 2001 (Cth.) CLC cnsiders that wagering is n lnger necessarily peridic, and is evlving int a casin-like cntinuus paradigm in which gamblers can bet, at any time, ver all mediums and n all aspects f sprt. As a result, the ptential fr prblem gambling behaviur is significant. Regulatin f wagering shuld be strengthened t cunteract the ptential fr harm. 2.3 CLC cnsiders that the prmtin f live dds during sprts cverage nrmalises wagering. Significant lng term scial harms may result frm instilling a culture f wagering, particularly in the case f children. 3. CLC supprts a ttal ban n live dds prmtin in sprts cverage 3.1 Cmmercial televisin bradcasters have significant reach and influence, and shuld be subject t legislatin and regulatin in the public interest The CLC supprts the recmmendatin f the Parliamentary Jint Select Cmmittee n Gambling Refrm which prpses legislatin prhibiting live dds prmtin during the bradcast f sprting events. 4 This prhibitin shuld extend t: Advertising, whether in scheduled cmmercial breaks r in play ; Pre and pst-match cmmentary and discussin; Cmmentary and discussin in scheduled breaks in play and unscheduled breaks in play; and 1 Department f Families, Husing, Cmmunity Services and Indigenus Affairs, Review f Current and Future Trends in Interactive Gambling Activity and Regulatin (June 2009), available at 2 Wagering n sprting events currently enjys a general exemptin under s 8A Interactive Gambling Act 2001 (Cth).The IGA is currently subject t review by the Department f Bradband, Cmmunicatins and the Digital Ecnmy. The DBCDE recmmended that regulatin be strengthened in this area (see Recmmendatin 28, Review f the Interactive Gambling Act Final Reprt 2012 at p 19.) 3 Cmmercial televisin bradcasters play a central rle in prviding cmmentary and cverage f news and sprting events. They shuld be subject t a significant level f regulatry cntrl per s 4(1) Bradcasting Services Act 1992 (Cth.). 4 Parliamentary Jint Select Cmmittee n Gambling Refrm, Secnd Reprt, Interactive and nline gambling and gambling advertising, Interactive Gambling and Bradcasting Amendment (Online Transactins and Other Measures) Bill 2011, Recmmendatin 14, para Nte, this legislatin has nt been enacted. 2
5 Sprts and sprts related discussin and panel prgrams. 3.3 If a c-regulatry apprach is preferred, amendments t the Cmmercial Televisin Industry Cde f Practice shuld be cmprehensive and enfrceable. 3.4 The prhibitins n live dds prmtin cntained in Prpsed Sectin 8: Prmtins Fr Live Odds In Sprts Cverage are t narrw. The CLC recgnises that a ttal prhibitin is prpsed fr cmmentatrs and guests f cmmentatrs, wh arguably are the mst influential peple in a sprts bradcast. Hwever, viewers are als influenced by ther persns such as advertisers, representatives f gambling rganisatins and participants in sprting events. 3.5 The CLC als cnsiders that viewership f sprts and sprts themed discussin and panel prgrams, such as (AFL/NRL) The Fty Shw, ften match r exceed viewership f sprting events themselves. 5 Prhibitins n the prmtin f live dds shuld extend t such prgrams, where a substantial prtin f the prgram relates t sprt r sprt related events, tpics and themes. 4. Prpsed amendments t Prpsed Sectin 8: Prmtins Fr Live Odds In Sprts Cverage 4.1 The CLC prpses the fllwing amendments t Prpsed Sectin 8: Prmtins Fr Live Odds In Sprts Cverage: A prmtin f live dds as part f a bradcast f a live sprting event, r relating t a live sprting event by any persns (including cmmentatrs, guests f cmmentatrs, ther guests, participants, advertisers, discrete and distinguishable representatives f gambling rganisatins and any ther persns that feature in the bradcast) will be prhibited: At any time during play (including during breaks in play and during a suspensin in play); During the perid 30 minutes befre play cmmences; During the perid 30 minutes after play has cncluded; and During sprts and sprts related discussin and panel prgrams. Advertisements and spnsrship infrmatin relating t a gambling rganisatin will nt be permitted during a live sprting event (including breaks and suspensins in play), during the perid 30 minutes befre play cmmences, during the perid 30 minutes after play has cncluded, r during sprts and sprts related discussin and panel prgrams. This prhibitin shuld apply regardless f whether the advertisement cntains any references t live dds. Any permitted prmtin f live dds r advertising and spnsrship infrmatin relating t a gambling rganisatin must satisfy a number f harm minimisatin measures. These shuld include a statement, in brad terms, relating t the ptential f mnetary lsses frm wagering. 5 The Fty Shw kicks gals in pre-grand final specials, mumbrella, Sep , Nines Fty Shw was the highest rating prgram fr the night in questin. 3
6 The Cmmercial Televisin Industry Cde f Practice shuld be cnsistent with ther legislatin and regulatin, such as clause 12 f the Racing Administratin Regulatin and clause 13 f the Ttalizatr Regulatin (NSW). 6 The prpsed rules regarding the prmtin f live dds will nt apply t cverage f hrse racing, harness racing and greyhund racing events. Prfessr Michael Fraser, AM Directr Cmmunicatins Law Centre, UTS William Rentn Researcher Cmmunicatins Law Centre, UTS 6 As quted in NSW Gvernment, Submissin 56 t Parliamentary Jint Select Cmmittee n Gambling Refrm n4, p. 4. The prvisins examine the cncepts f scial respnsibility, misleading advertising, decency, exaggerated claims, assciatin with alchl cnsumptin and assciatin with success r achievement with respect t advertising gambling prducts in greater detail. 4
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