PointsBet Australia has been hit with a AU$500,800 (US$327,000) penalty by the Australian Communications and Media Authority (ACMA) following serious breaches of spam regulations and national self-exclusion laws. The enforcement action stems from the company’s failure to adhere to key consumer protections around online gambling, as determined by an investigation into its marketing practices between August and November 2023.
ACMA Investigation Uncovers Multiple Compliance Failures
The ACMA probe revealed that PointsBet sent more than 800 promotional messages that violated Australia’s Spam Act, including over 700 emails promoting gambling services without functional unsubscribe links. These emails were incorrectly labeled as “non-commercial” by the operator, despite clearly directing recipients to PointsBet’s wagering platform.
Further violations were recorded across 90 text messages that lacked mandatory sender identification, a breach of core transparency requirements under the country’s communications law.
In one of the most troubling findings, 508 marketing messages were sent to individuals listed on the National Self-Exclusion Register (NSER) — a platform designed to allow people to voluntarily block themselves from all licensed online wagering services. Under the law, gambling operators are strictly prohibited from targeting these users with promotional content.
Enforcement Action and Industry Response
As part of its response, PointsBet has entered into enforceable undertakings with ACMA. These include:
An independent review of the company’s communications and marketing systems.
The implementation of compliance-focused corrective actions.
Regular training programs for staff engaged in promotional activities.
While no further fines were issued about the NSER breaches, partly due to their procedural complexity and the fact that no excluded individuals placed bets, ACMA emphasized that failure to adhere to the agreed undertakings could trigger court proceedings and additional penalties.
ACMA Chair Nerida O’Loughlin condemned the breaches, noting:
“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.”
She added that the NSER exists specifically to protect individuals vulnerable to gambling harm, and that operators must respect those protections without exception.
Regulatory Environment Tightens Around Gambling Operators
The AU$500,800 fine is one of the more significant enforcement actions taken by the ACMA in recent months and reflects the agency’s increasing vigilance over how digital wagering companies interact with consumers. Over the past 18 months, the authority has issued more than AU$14 million in spam-related penalties, signaling a clear push for accountability across the sector.
This case also underlines the risks gambling operators face when compliance systems are insufficient or improperly implemented. The broader implications for the industry include increased scrutiny, potential regulatory reform, and stronger consumer advocacy for those attempting to manage gambling addiction.
Looking Ahead
While PointsBet has taken immediate steps to rectify the situation and avoid further sanctions, the case stands as a warning to other operators about the importance of upholding regulatory standards, particularly in areas related to self-exclusion and marketing transparency. As public concern around gambling harm grows, regulatory expectations will likely continue to intensify.
