Labor’s proposed partial ban on gambling advertising is drawing warnings from experts and crossbench MPs who say the rules could be easily worked around unless they are tightened to cover podcasts, social media platforms and influencers.
Independent senator David Pocock has described the gambling sector as a “predatory industry” that is highly adaptable and quick to move into new media and markets. That flexibility, critics say, is exactly why any partial restriction may leave gaps that advertisers can exploit.
The concern is that a ban aimed at traditional media channels could miss the growing number of people who encounter betting promotions through digital platforms. Podcasts and influencer-driven content are singled out as areas where gambling messages can be embedded in ways that may be harder to monitor than standard broadcast or print advertising.
Experts argue that if the government wants the limits to be effective, the framework should apply clearly to the platforms and creators who distribute wagering promotions, not just to the companies that buy advertising space. Without that broader approach, they warn, the policy could become a patchwork of restrictions with obvious blind spots.
The issue is particularly pressing because online content often crosses commercial and editorial boundaries. Influencers can promote betting brands in a way that appears more personal and less obviously promotional than a conventional advertisement. Podcasts present a similar challenge, especially when ads are read directly by hosts or integrated into the program format.
According to industry sources, however, a tougher and clearer set of rules could also produce an opposite outcome. Some podcast companies, including Apple, could decide to remove all wagering advertising if there is no straightforward way to operate within the new limits. That would be a more sweeping response than the government may intend, but one that companies might choose to avoid compliance uncertainty.
The tension highlights a broader challenge for regulators: designing rules that reduce gambling promotion without creating loopholes that shift advertising into less visible corners of the media landscape. If the policy is too narrow, critics say, the industry will simply redirect its efforts. If it is too complicated, platforms may opt to cut gambling ads entirely.
For now, the warnings suggest Labor’s plan may need further detail before it can be considered watertight. The debate is likely to focus on whether the rules can keep pace with the industry’s ability to move quickly across platforms, formats and audiences.
As the discussion continues, crossbench MPs and public health advocates are expected to press for clearer obligations on digital platforms, while companies working in the podcast sector may be weighing whether the safest response is to step away from wagering advertising altogether.
The central question remains whether a partial ban can meaningfully reduce gambling promotion in an environment where advertisers increasingly rely on influencers and digital channels to reach audiences.
