A phone showing a text from a gambling company to a customer.
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In Australia, over three million individuals who have identified themselves as problem or at-risk gamblers may find themselves particularly susceptible to a surge of promotional text messages dispatched by betting companies. Unlike the stringent regulations placed on gambling advertisements on television, radio, or digital platforms, the oversight concerning text messaging remains relatively lax.

So, what are the guidelines that govern how frequently a gambling company can send SMS messages, and what are the stipulations surrounding this practice?

By law, whenever gambling companies engage in direct marketing through text messages, they must adhere to two primary requirements: they must consistently convey messages about the risks and potential dangers associated with gambling, and they must provide a clear option for consumers to opt out of receiving further communications.

A phone showing a text from a gambling company to a customer.
A phone showing a text from a gambling company to a customer. (Getty)

This means that every text must feature specific disclaimers such as “chances are you’re about to lose,” along with a link or instructions on how to unsubscribe from future messages.

Legally, gambling companies are required to include just two things in direct marketing material like texts: consistent messaging about the risks and potential harm of gambling, and a way for consumers to opt out.

That means all texts must include specific taglines like “chances are you’re about to lose’”and a link or instructions to unsubscribe.

Companies that send texts after a consumer has unsubscribed are in breach of the Australian Communications and Media Authority’s spam rules
Tabcorp was found to have breached the Australian Communications and Media Authority’s spam rules. (Supplied)

Why are text messages treated differently to other media, such as TV ads?

But because texts count as private messages, they can skirt around most public gambling advertising restrictions.

“One of the big issues here is the rise of smartphones,” associate professor at CQUniversity’s Experimental Gambling Research Laboratory Alex Russell told 9news.com.au.

“Everyone’s got a smartphone in their pocket all the time, and you can bet on that all the time.”

And betting companies can reach customers all the time via texts.

Texts which have been shown to influence consumers to place more bets, larger bets, and riskier bets according to Australian research.
In a 2018 survey from the Victorian Responsible Gambling Foundation, sports bettors received an average of 2.3 texts per week and race bettors averaged 4.3 texts per week.
Person holding smartphone showing betting online app while drinking beer in living room, with laptop and snacks on wooden table
Sports bettors received an average of 2.3 texts per week from gambling operators. (Getty)

The texts often included incentives to bet, such as bonus bets and reward points.

In most cases, bettors who received a text responded by placing a bet with the operator that sent it.

They were also influenced to place more bets, place unplanned bets, make impulsive betting decisions and bet more than planned.

“We do see that people are targeted more if they are more likely to lose,” Russell added.

“So if you’re getting offers, it’s probably because it’s good value for them [gambling companies] to send it to you, because you’re going to bet and lose.”

How much money are Aussies gamblers losing?

Australians are the biggest gambling losers in the world per capita, losing about $32 billion annually; more than governments spend on aged care in Australia.

Nearly 3.5 million Aussies admitted they are problem or at-risk gamblers in a recent study

The number of problem gamblers has also risen by 22 per cent since last year.

And the losses don’t just affect the individual who is gambling.

“A hell of a lot more people are harmed by gambling,” Russell said.

But he questions how Aussies are supposed to break free from gambling addiction when betting companies are able to reach them with targeted texts any hour of the day.

Calls grow for greater regulation around SMS messages

Gambling reform advocates have called for more transparency and regulation around direct digital marketing materials like texts encouraging bets.

Last year, more than 70 prominent Australians, including former prime ministers, signed an open letter calling on the federal government to ban gambling advertising in accordance with the Murphy Report parliamentary inquiry’s recommendations.

Independent Senator David Pocock was one of the signatories.

“The evidence shows that partial advertising bans do not work,” he told 9news.com.au.

“The Murphy Report was clear, the Government should immediately ban direct inducements, such as the bonus bets people are offered via personalised texts.”

Senator David Pocock addresses the media at a press conference
Senator David Pocock was one of many prominent Aussies who signed an open letter calling on the federal government to ban gambling advertising in 2024. (Alex Ellinghausen)

He called it “predatory marketing” that targets Aussies on a losing streak and highlighted the government’s inaction in the two years since the Murphy Report was released.

“There is wide support in the Parliament to ban gambling ads and to ban inducements, but it won’t happen while the Prime Minister continues to bow to pressure from the gambling companies and the powerful vested interests who are making too much money off of the suffering of Australians,” Pocock said.

The Albanese government has not committed to a ban on gambling advertising.

Last week, the AFR reported the government is actually expected to abandon plans for a total ban on online gambling advertising.

Russell fears it will only do more harm to already struggling Australians.

“How are you meant to not experience a problem when gambling is so saturated and everywhere?” Russell said.

“How are you meant to get away from this?”

Gambling betting generic
The Albanese government has not committed to a ban on gambling advertising. (Getty)

How to stop or unsubscribe from betting company texts in Australia

Gambling companies are legally required to include a way for consumers to unsubscribe from text marketing in any texts they send.

In some cases, consumers must text ‘STOP’ or a similar phrase to a specific number.

In others, they can click an unsubscribe link in the text and follow the prompts to opt out of text message marketing.

Australians can also register with BetStop, a free government initiative that blocks all licensed Australian online and phone gambling providers.

After joining the National Self-Exclusion Register, online and phone gambling providers will not be able to send you marketing messages.

How to report spam texts from gambling companies

If you think a betting company has broken Australia’s spam rules, you can report it to the ACMA by submitting a complaint form.

Specific spam texts can also be forwarded to the ACMA on 0429 999 888.

All services are free, confidential and available 24 hours a day, 7 days a week.

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