Australia’s celebrity ad ban sets no follower threshold

• The ACMA has confirmed the notable persons ban in gambling ads starts on January 1, 2027.
• No minimum follower count applies, and niche influencers can fall within scope.
• Licensed wagering providers carry compliance responsibility, with a narrow racing exemption.

The Australian Communications and Media Authority (ACMA) published initial guidance on October 19 on the ban on notable persons in gambling advertising.

The rules take effect on January 1, 2027, giving wagering operators, affiliates and agencies just over two months to rework celebrity and influencer marketing.

Broad by design

From that date, gambling ads must not feature a notable person, whether broadcast or provided online. Licensed interactive wagering providers will also be barred from contracts for a notable person’s sponsorship, participation or involvement in promoting wagering content.

The rules apply across television, radio, news websites, online games and social media. They form part of the reform package first announced in April, which passed parliament as the Interactive Gambling Amendment (Gambling Reform) Bill 2026 on August 19.

Under the law, a notable person is any current or former professional athlete, celebrity, social media influencer or prominent individual. The minister can extend the definition to other groups by determination.

The ACMA’s initial guidance calls the definition “purposefully broad”. It is not limited to people who appeal to children. The regulator has not narrowed it despite industry concerns raised at the Senate inquiry into the bill.

No prescribed follower threshold

The guidance sets no minimum number of followers or subscribers for an influencer. One example describes an esports content creator with fewer than 10,000 followers whose commentary is regularly shared within a niche gaming community.

That figure is an illustration, not a cutoff. Recognition within a specific community or demographic can be enough to make someone notable.

The ACMA will assess cases individually. Factors include public recognition, media exposure, professional achievements and a person’s ability to influence consumers. The regulator may also weigh whether the person received payment or another benefit.

Former figures are covered too. Because the definition spans current and former profiles, retired sports stars and past influencers fall within scope.

Operators carry the risk

Responsibility sits with the licensed provider, not the notable person. That holds even when advertising agencies produce the content.

Each subsequent broadcast or online publication of a non-compliant ad can constitute a separate contravention. Law firm Johnson Winter Slattery has noted that per-instance penalties mean exposure for online services scales with audience size.

Status can also change mid-campaign. The guidance gives the example of an unknown actor who becomes recognizable after landing a leading role in a successful TV series. Providers must then take “all reasonably available steps” to withdraw the affected ads.

The ACMA may consider an ad’s scale and reach when judging reasonable phase-out timeframes. Providers must also keep records of notable-person arrangements for three years.

Wide reach, narrow exemptions

The guidance also explains how the provision on causing or authorizing gambling ads will operate in practice.

Racing keeps a narrow carve-out. Ads relating solely or principally to racing are exempt only when shown on a dedicated racing channel, program or online service. Both conditions must be met.

Separately, uniform and venue advertising tied to contracts signed before the bill was introduced on July 2, 2026 is grandfathered until December 31, 2031. That transition covers logos on uniforms and at venues. Paid ads featuring athletes must comply from January 1.

Where Australia sits

Australia’s approach reaches further than the recent influencer crackdown in Greece, which targeted alleged promotion of unlicensed sites. Here, the ban covers licensed brands and their ambassadors.

Across the Tasman, New Zealand’s new online casino regime goes further still. Its regulations prohibit sponsorships, personal endorsements and affiliate arrangements for licensees.

The ACMA said it may issue formal guidance at a later date. Its first enforcement cases will show how far the regulator is prepared to stretch the definition in practice.