What do we know about Labor’s gambling advertising reform? Not much, because of the extreme secrecy

Sydney Morning Herald reported on Sunday that Labor is targeting two gambling adverts per hour on every channel until 10pm, and a ban on adverts an hour before and after the games are broadcast. The story cited five unnamed sources who could not be identified “because the government has only informed people who have signed a legal non-disclosure agreement”.

While the plans would include a blanket ban on gambling ads on digital platforms, including social media, they are a far cry from the blanket ban proposed by the late Labor MP Peta Murphy last year.

What did Murphy recommend?

Murphy, MP for Dunkley from 2019 until his death last year, chaired the House of Representatives standing committee on public policy and legislative affairs. After conducting an investigation into online gambling and its effects in September 2022, the committee issued a joint report titled “You win some, you lose some” in June 2023, makes 31 recommendations.

Number 26 was that the federal, state and local governments come together to “implement a complete ban on all forms of online gambling advertising, which will be introduced in four stages, over three years, starting immediately”. Only dedicated racing channels would have been exempt from the ban.

What has happened since then?

The government has yet to respond to Murphy’s report, but has done some work behind the scenes to figure out how to proceed. Freedom of information documents released last year revealed “gambling companies, publishers, game codes and global technology companies have all sought or held meetings with communications minister Michelle Rowland , and his staff”, Australian Guardian report.

Sports clubs, gambling firms and media companies that received meetings with the minister or his staff included the AFL, NRL, Sportsbet, Crown, Betfair, Pointsbet, Tabcorp, Channel Nine, Channel Seven, Foxtel, Commercial Radio Australia, SBS and Free. TV.

In March, it was reported that the government had engaged the consultancy business to conduct another review on the matter. The SMH reports Rob Nicholls, of management consulting firm Nicholls MMC, has written to a number of media companies to discuss what the ban could mean for their industry. Crikey reached out to Nicholls last month to ask for an update on the progress, but he said he was unable to comment. An email sent to the minister’s office was not answered.

Crikey has filed a freedom of information request to learn more about the process with a deadline within the next few weeks.

Then, on Sunday, it was reported that the government’s proposal to downplay the new regulation of gambling. Rowland has not held a press conference since then, but one of her representatives said in a statement SMH the story that the minister himself did not meet with gambling companies during many meetings with stakeholders on all sides of the negotiations. Prime Minister Anthony Albanese was asked about the press report on Monday, and he replied, according to a statement from his office: “… don’t believe everything you read in the paper… the preferred solution is when we publish it, so I’m not talking about speculation.”

What’s with all the mystery?

In a trove of documents released under freedom of information laws last year, large texts have been blacked out based on sections of the Freedom of Information Act that allow the government to withhold information related to its communication processes or that would reveal important business information.

But the documents also make it clear that participants in the discussions are prohibited from telling others what is being said.

“This negotiation is done in a limited way. It is provided confidentially and should be given appropriate protection,” another email dated 6 October 2023 from the Department of Communications to an NRL representative. “If you wish to disclose, or discuss matters of this email to any third party, the department’s prior written permission must be obtained.”

Press reports also noted that the participants were made to sign non-disclosure agreements (NDAs). For example, Tabcorp said Australian on Monday would not comment until the review is complete. While the story did not say whether or not Tabcorp signed an NDA, the reporter noted that it is “understood” the gambling companies did.

Now there is the fact that many news companies that are talking about the news that is happening have also entered into negotiations, and have signed NDAs.

Just look at the announcement line in other news, like this one SMH:

Media companies including Seven, Ten and Nine, the owner of the masthead, declined to comment, citing non-disclosure agreements.

Opposition Leader Peter Dutton, who partially backed the advertising ban in his 2023 budget response speech, slammed the use of NDAs: “It’s not a matter of national security, it doesn’t matter ‘ market, and it’s about trying to keep this secret from many people, as they did with religious discrimination.”

TV makes demands

Meanwhile, the AFR reports that two of Australia’s biggest television networks will demand massive pay cuts to plug a $40 million black hole from betting firms before they cut back on advertising. government action to ban gambling ads.

The betting industry has been hit back since the Murphy parliamentary review proposals were released. Sources said AFR revenue from gambling advertising for Nine Entertainment, which owns the Nine Network (together with Australian Financial Review), and Seven West Media, which owns the Seven Network, was reduced by half, representing a decrease of approximately $ 20 million each.

What has been the response to the new projects?

Prohibition advocates reacted angrily to the story. Independent ACT Senator David Pocock said the government’s reported policy was a “police risk” of betraying Murphy’s legacy, adding: “The vast majority of Australians want to see action taken.” the power to solve the biggest problems caused by gambling. The Albanian government should find the courage to stand up against the gambling companies and do what is right for our people instead of giving in to the pressure of their interests.”

Goldstein Independent MP Zoe Daniel wrote an opinion piece for Supervisor: “Predictably, the gambling giants, sports regulators and the media are using their enormous power to lobby the government and betray Peta Murphy’s legacy. And it looks like the government is falling for it… It’s time for Anthony Albanese to show more, and ban all gambling ads, now.

Anyone affected by a gambling problem can get immediate help by calling the National Gambling Helpline on 1800 858 858 for free, professional and confidential support 24 hours a day, seven days a week.

Should the government ban all gambling advertising? Let us know your thoughts by writing to letters@crikey.com.au. Please include your full name to be targeted for publication. We reserve the right to change length and clarity.