Decision marks the first time the ACMA has considered the ‘dining or entertainment’ exception as part of an investigation
The Australian Communications and Media Authority (ACMA) has issued a warning to leading broadcaster SBS for breaching gambling advertising rules during a live broadcast of the Tour de France in July 2025.
An investigation by the ACMA found that SBS had broadcast an ad for Crown Resorts’ gambling activities at a prohibited time.
Under the Commercial Television Industry Code of Practice, gambling commercials are only permitted before play, after play and during scheduled or unscheduled breaks if shown during live sporting events between 8.30pm and 5am.
There are exceptions to these rules relating to gambling commercials, including the ‘dining or entertainment’ exception, which can apply to commercials that relate to entertainment or dining facilities at locations where gambling takes place.
The ACMA found, however, that the Crown ad did not fall within the exception as its use of the tagline “premier casino resort” drew attention to the gambling activities available at the venue, in addition to the dining and entertainment facilities that were featured in the ad.
Two other Crown ads broadcast during the Tour de France did not breach the Code, as they focused on the dining, food preparation and entertainment at Crown establishments and did not use the “premier casino resort” tagline.
“The ‘dining or entertainment exception’ under the Code does not apply if any part of the advertisement draws attention to gambling in a manner calculated to directly promote such gambling activities,” said Authority Member Carolyn Lidgerwood. “Such advertisements will be subject to the rules around gambling ads shown during live sport.”
This marks the first time the ACMA has considered the ‘dining or entertainment’ exception as part of an investigation.
Following the ACMA’s finding, broadcasters are on notice to exercise caution and carefully consider using any words in advertisements that may draw attention to gambling.
While SBS disagreed with the finding, the broadcaster said that it takes these matters seriously and has consistently shown a dedication to regulatory compliance.