27 April 2023
Record Fine Issued to Betr by Liquor & Gaming NSW for Breaching Advertising Rules
Betr’s advertising campaign crossed the line, according to Jane Lin, executive director of regulatory operations and enforcement at Liquor & Gaming NSW. She noted that such promotions can only be legally offered to betting account holders, who have made a conscious decision to receive this information. This is the second marketing fine for Betr since its launch in 2022. The Northern Territory Racing Commission also levied a $75,000 fine in February for sending unsolicited marketing messages to a self-excluded player that month.
The Betr project was announced in April 2022, bringing together News Corp, Tekkorp Capital, and BetMakers. The business may expand its operations through the acquisition of PointsBet Australia, with talks revealed following media interest in January.
SportChamps, another wagering business, was also convicted of posting illegal gambling advertisements and fined $40,000, with additional costs of $14,000 for the breach. This marks the third time it has fallen foul of regulations, after a $2,000 fine in 2018 and a $2,500 fine in 2019.
The adverts on Facebook, Twitter, Instagram and its website offered cash prizes for games requiring membership, special odds and bonus cash prizes, free bets and a “refer a friend” promotion. Lin said gambling operators like SportChamps that try to get around these restrictions are acting unlawfully and increase the risks of gambling harms.
Liquor & Gaming NSW has a zero-tolerance approach to the publication of illegal gambling inducements, and will continue to proactively monitor gambling advertising to ensure all operators are compliant with the Betting and Racing Act. Businesses may face a maximum penalty of $110,000 per offence, with individuals facing an $11,000 penalty for publishing a prohibited gambling ad. Each penalty notice carries an additional fine of $15,000.