The Australian Communications and Media Authority (ACMA) has taken enforcement action against PointsBet Australia Pty Ltd, issuing a AU$500,800 fine and mandating significant reforms after the company violated both e-marketing laws and self-exclusion protections under national regulations.

An investigation by the ACMA found that between August and November 2023, PointsBet distributed more than 800 promotional communications that breached Australia’s Spam Act. These included 705 emails promoting gambling services without a required unsubscribe mechanism—despite PointsBet classifying them as “non-commercial.” The emails featured direct links to the company’s betting platform and were therefore subject to spam regulations.

Additional breaches included the dissemination of seven unsolicited promotional emails and 90 marketing text messages that failed to identify the sender, a legal necessity under Australian spam laws.

Breaches of National Self-Exclusion Protocols

In a separate violation, PointsBet was found to have disregarded the rules of BetStop, the National Self-Exclusion Register (NSER), which was launched in August 2023 as a national safeguard against gambling harm. The ACMA determined that the company sent 508 marketing communications to individuals who had enrolled in the NSER during August and September 2023, contravening rules that explicitly prohibit licensed wagering services from contacting self-excluded persons.

Despite these transgressions, the ACMA confirmed that no self-excluded individuals were able to place bets during the period in question.

ACMA Chair Nerida O’Loughlin emphasized the seriousness of the issue, particularly given the vulnerability of individuals who choose to self-exclude from gambling platforms.

“It is deeply concerning that these failures have impacted PointsBet’s customers, some of whom had taken proactive steps to exclude themselves from online wagering,” said Ms O’Loughlin in a statement published on the ACMA website. “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.”

Compliance Measures and Future Consequences To address the violations, PointsBet has entered into a legally binding agreement with the ACMA. Under this enforceable undertaking, the company is required to initiate a full review of its compliance procedures by an independent party, implement all resulting recommendations, and provide regular staff training on both spam obligations and self-exclusion requirements.

While financial penalties could not be applied to the NSER breaches due to the novel and complex nature of the matter, the ACMA clarified that any future failure to comply with the enforceable undertaking could result in court-ordered fines. Ms O’Loughlin reiterated the importance of regulatory adherence, especially within the wagering industry.

“This action should serve as a warning to all wagering providers that they must meet their legal obligations or face the consequences. We will closely monitor PointsBet’s compliance with its undertakings and with the spam and NSER laws,” she said.

Regulatory Focus and Industry Implications

The ACMA’s decision marks the first instance of enforceable action under the newly established NSER framework. The authority has identified misleading marketing messages and failures in compliance with interactive gambling safeguards as top regulatory priorities.

In the past 18 months, the ACMA has issued over AU$14 million in penalties related to spam violations, underscoring its commitment to upholding consumer protection standards within the digital communications space.

Australians seeking to restrict access to online gambling services can register with BetStop, and further information about lodging complaints regarding online betting providers or unsolicited messages is available through the ACMA’s official website.