Gambling operator spams users, slapped with $500,000 fine
By
Gian T
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If you’ve ever felt bombarded by gambling ads in your inbox or on your phone, you’re not alone—and it turns out, even those who’ve taken steps to block out betting companies aren’t always safe from the onslaught.
In a recent crackdown, PointsBet Australia, a primary online gambling provider, has been slapped with a whopping $500,800 fine for breaching Australia’s strict spam and self-exclusion laws.
But what does this mean for everyday Aussies, especially those trying to steer clear of gambling temptations?
The Australian Communications and Media Authority (ACMA), the government watchdog responsible for regulating communications and media, found that PointsBet sent over 800 illegal marketing messages in just a few months.
Most concerningly, 508 messages were sent between August and September 2023 to people who had registered with BetStop—the National Self-Exclusion Register (NSER)—specifically to avoid gambling promotions and access.
BetStop, launched by the Albanese government in August 2023, is designed to help people who want to quit gambling by blocking their access to online betting and stopping all marketing communications from licensed gambling providers.
The idea is simple: if you sign up, you shouldn’t be able to place bets, open new accounts, or receive any gambling ads.
But PointsBet’s slip-up didn’t stop there. Between September and November 2023, the company also sent 705 emails with direct links to betting products—without including an unsubscribe option, which is a clear breach of Australia’s spam laws.
On top of that, 90 commercial texts were sent without proper sender contact information.
For many Australians, gambling can be a slippery slope. According to government research, Aussies lose more than $25 billion a year on legal forms of gambling—making us the world’s biggest losers per capita.
For those who recognise they have a problem and take the brave step to self-exclude, being targeted with more gambling ads can be incredibly harmful.
As ACMA chair Nerida O’Loughlin put it: ‘People signing up to the NSER are taking positive steps to remove online gambling from their lives. Their decision must not be compromised by companies like PointsBet.’
Gambling researcher Dr Charles Livingstone from Monash University compared spamming self-excluded individuals to ‘giving an alcoholic a bottle of whiskey’.
He called it ‘really dangerous’ and a sign of ‘gross irresponsibility’ from the betting company.
PointsBet has admitted to a ‘system failure’ in implementing the BetStop system and says it self-reported the issue to ACMA.
While the company doesn’t agree with all the findings or the size of the penalty, it has promised to review and strengthen its compliance processes.
PointsBet also argued that the emails in question were meant to be ‘responsible gambling communications’ and not commercial, but ACMA found that they still breached the rules.
While $500,000 might sound like a lot, experts say it’s barely a slap on the wrist for an industry that rakes in nearly $9 billion a year from online wagering alone.
Dr Livingstone and other advocates are calling for the federal government to act on the 31 recommendations from the recent parliamentary inquiry into online gambling, including the creation of a national gambling regulator and a total ban on gambling advertising.
Gambling reform advocate Tim Costello put it bluntly: ‘We have the greatest gambling losses per head in the world and the greatest gambling harm of anywhere in the world. If America’s blind spot is guns, ours is gambling.’
If you or someone you know is trying to avoid gambling, it’s important to understand your rights.
By registering with BetStop, licensed Australian gambling providers must legally block you from placing bets, stop you from opening new accounts, and prevent any marketing messages from being sent to you.
If you’re still receiving gambling ads after self-excluding, you can report it to ACMA.
Companies found in breach can face hefty fines, as PointsBet just discovered.
While the PointsBet fine is a step in the right direction, many experts believe more needs to be done to protect vulnerable Australians from the harms of gambling.
With billions lost each year and the temptation of online betting just a click away, it’s more important than ever to have strong safeguards in place.
Have you or someone you know been affected by gambling ads or had trouble with self-exclusion? Do you think the government should do more to regulate online gambling? Share your thoughts and experiences in the comments below—your voice could help make a difference!
In a recent crackdown, PointsBet Australia, a primary online gambling provider, has been slapped with a whopping $500,800 fine for breaching Australia’s strict spam and self-exclusion laws.
But what does this mean for everyday Aussies, especially those trying to steer clear of gambling temptations?
The Australian Communications and Media Authority (ACMA), the government watchdog responsible for regulating communications and media, found that PointsBet sent over 800 illegal marketing messages in just a few months.
Most concerningly, 508 messages were sent between August and September 2023 to people who had registered with BetStop—the National Self-Exclusion Register (NSER)—specifically to avoid gambling promotions and access.
BetStop, launched by the Albanese government in August 2023, is designed to help people who want to quit gambling by blocking their access to online betting and stopping all marketing communications from licensed gambling providers.
The idea is simple: if you sign up, you shouldn’t be able to place bets, open new accounts, or receive any gambling ads.
But PointsBet’s slip-up didn’t stop there. Between September and November 2023, the company also sent 705 emails with direct links to betting products—without including an unsubscribe option, which is a clear breach of Australia’s spam laws.
On top of that, 90 commercial texts were sent without proper sender contact information.
For many Australians, gambling can be a slippery slope. According to government research, Aussies lose more than $25 billion a year on legal forms of gambling—making us the world’s biggest losers per capita.
For those who recognise they have a problem and take the brave step to self-exclude, being targeted with more gambling ads can be incredibly harmful.
As ACMA chair Nerida O’Loughlin put it: ‘People signing up to the NSER are taking positive steps to remove online gambling from their lives. Their decision must not be compromised by companies like PointsBet.’
Gambling researcher Dr Charles Livingstone from Monash University compared spamming self-excluded individuals to ‘giving an alcoholic a bottle of whiskey’.
He called it ‘really dangerous’ and a sign of ‘gross irresponsibility’ from the betting company.
PointsBet has admitted to a ‘system failure’ in implementing the BetStop system and says it self-reported the issue to ACMA.
While the company doesn’t agree with all the findings or the size of the penalty, it has promised to review and strengthen its compliance processes.
PointsBet also argued that the emails in question were meant to be ‘responsible gambling communications’ and not commercial, but ACMA found that they still breached the rules.
While $500,000 might sound like a lot, experts say it’s barely a slap on the wrist for an industry that rakes in nearly $9 billion a year from online wagering alone.
Dr Livingstone and other advocates are calling for the federal government to act on the 31 recommendations from the recent parliamentary inquiry into online gambling, including the creation of a national gambling regulator and a total ban on gambling advertising.
Gambling reform advocate Tim Costello put it bluntly: ‘We have the greatest gambling losses per head in the world and the greatest gambling harm of anywhere in the world. If America’s blind spot is guns, ours is gambling.’
If you or someone you know is trying to avoid gambling, it’s important to understand your rights.
By registering with BetStop, licensed Australian gambling providers must legally block you from placing bets, stop you from opening new accounts, and prevent any marketing messages from being sent to you.
If you’re still receiving gambling ads after self-excluding, you can report it to ACMA.
Companies found in breach can face hefty fines, as PointsBet just discovered.
While the PointsBet fine is a step in the right direction, many experts believe more needs to be done to protect vulnerable Australians from the harms of gambling.
With billions lost each year and the temptation of online betting just a click away, it’s more important than ever to have strong safeguards in place.
Key Takeaways
- PointsBet Australia has been fined $500,800 after breaching spam and gambling self-exclusion laws by sending marketing messages to people who had opted out of online wagering.
- The Australian Communications and Media Authority found that PointsBet sent over 800 unlawful messages in a two-month period, including to people listed on the BetStop self-exclusion register.
- Critics say the penalty is negligible compared to the gambling industry’s revenue and have renewed calls for the government to implement stronger regulation, including a national gambling regulator and a ban on gambling advertising.
- While PointsBet said the breaches were the result of a system failure and not intended to be commercial, gambling reform advocates have warned that such actions risk drawing vulnerable people back to harmful gambling habits.