ACMA publishes guidance on notable-person ban in wagering ads from 1 January 2027

ACMA, the Australian communications regulator, has published initial guidance on the ban on "notable persons" in wagering advertising, which takes effect on 1 January 2027.

Licensed wagering operators, rather than the people featured, are responsible for compliance, so talent contracts and creative will need review before the start date.

What happened

The guidance sets out how ACMA reads section 62W of the Interactive Gambling Act, inserted by the Interactive Gambling Amendment (Gambling Reform) legislation. Under the provision, wagering advertising must not feature a notable person. Licensed interactive wagering service providers (LIWSPs) are also barred from entering contracts, arrangements or understandings under which a notable person helps promote wagering advertising content. ACMA says the rules cover every platform, among them broadcast television, radio, news websites, online games and social media.

Under the Act, a notable person is anyone who is, or was, a professional sportsperson or athlete, a celebrity, a social media influencer or a prominent individual. The Minister for Communications can add further classes of people by determination. ACMA describes the definition as deliberately broad and says it is not limited to people who appeal to children, because such figures can also attract those at risk of gambling harm and younger men.

On influencers, ACMA says no minimum number of followers or subscribers is set, and there is no verification requirement. A person with a low follower count could still be notable if they are prominent within a particular community or demographic. ACMA says a paid appearance in a personal capacity makes notable status more likely. Its worked examples include a content creator with fewer than 10k followers who is recognised within an esports community.

ACMA also says status can change. If someone who was not notable when a contract was signed becomes notable mid-campaign, the LIWSP may contravene the "authorise or cause" provision unless it takes "all reasonably available steps" to stop or withdraw the advertising. The guidance says each broadcast or online provision of such content is a separate contravention.

The guidance adds that where content is outsourced, LIWSPs should make the rules plain to external advertising and creative agencies. An exception applies where advertising relates solely or principally to racing and appears on a dedicated racing programme, channel or online service. Both conditions must be met.

The notable-person provision is one part of the wider reform package that, according to the Department of Infrastructure, passed Parliament on 19 August 2026. The package also restricts wagering advertising during live sport and in sports venues, and prohibits marketing inducements directly to customers who are at risk.

Why it matters

Licensed wagering operators will need to audit existing ambassador, influencer and agency contracts, and any creative scheduled to run after 1 January 2027, against ACMA's broad definition. Retired athletes and former influencers are within scope, and a low follower count does not exempt a creator.

Contract terms are likely to need attention. ACMA says the risk that talent becomes notable, and the cost of ending a campaign early, should be considered in negotiations with talent and in buying advertising spots. Operators could also need processes to monitor the profile of people already in live campaigns.

Affiliates, agencies and media partners working on licensed wagering promotion are also likely to be affected. ACMA itself points to agency briefing as a compliance risk. These partners could expect operators to ask for written confirmation on who appears in content.

The guidance is described as initial, and ACMA says case-by-case assessment will apply. That leaves some uncertainty at the margins, particularly for niche creators.

What's next

The provisions commence on 1 January 2027, and ACMA will monitor and enforce compliance. It says it may issue formal guidance under section 62ZF at a later date, including on timeframes for phasing out content. ACMA also says it will publish compliance alerts and investigation reports after commencement.