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Anti-Gambling Changes Contain Streaming ‘Loophole’, Says Liberal MP Simon Kennedy

2026-07-04

Widespread criticism emerges over newly proposed anti-gambling legislation, with a Liberal MP claiming it allows a ‘carve-out’ for gambling advertisements on streaming services.

What Happened

Communications Minister Anika Wells introduced new legislation to parliament on Thursday, marking three years since the Peta Murphy inquiry called for a total ban on gambling advertising. The proposed changes include a ban on gambling ads during live sport on broadcast television before 8:30pm. However, Liberal MP Simon Kennedy told 7.30 that the bill contains a provision allowing gambling advertising during scheduled or unscheduled breaks in live sporting events on streaming platforms. This means viewers streaming sport on smart TVs, for example, could still see gambling ads after a significant play or during quarter/half time breaks. The Minister’s office confirmed this provision, but stated it would only apply to users logged into a streaming service and verified as over 18 years old. These platforms would also be required to offer an opt-out mechanism for users to avoid seeing gambling advertisements.

Key Details

  • Streaming ‘Loophole’: The legislation permits gambling advertisements during breaks in live sporting events on streaming platforms, even as it bans them from broadcast television during live sport before 8:30pm.
  • Opt-out Mechanism: Streaming platforms must allow users to opt out of gambling ads, but MP Simon Kennedy argues this will be ineffective, citing low engagement with SBS’s existing opt-out feature.
  • Political Division: While the bill is a ‘step forward’ for some like Labor MP Louise Miller-Frost, others like Kennedy advocate for an ‘opt-in’ model for gambling ads, or a total ban as supported by Liberal MP Andrew Wallace.
  • Parliamentary Scrutiny: The bill has been referred to a Senate inquiry, with a report due by August 17, indicating further debate and potential amendments.
  • Personal Motivation: Simon Kennedy, who was ejected from Question Time for heckling the Prime Minister over the proposal, revealed the issue was personal due to a friend’s past gambling problem.

Why It Matters

This development highlights a significant point of contention in Australia’s ongoing efforts to curb problem gambling. While the government aims to reduce exposure to gambling advertising, the identified ‘loophole’ in streaming services could undermine the effectiveness of the new laws, particularly given the increasing shift to online content consumption. The debate also underscores the deep divisions within parliament and the broader community regarding the extent of gambling regulation. The effectiveness of an ‘opt-out’ versus an ‘opt-in’ model for advertising is a critical discussion, as it directly impacts user choice and protection. The outcome of the Senate inquiry will be crucial in determining whether these proposed changes truly address the harms associated with gambling advertising or if they leave significant avenues for continued exposure.