PointsBet Australia has been fined AU$500,000 (roughly $320,000) for violating Australia’s spam rules. The company also breached the nation’s laws related to Betstop, Australia’s National Self-Exclusion Register (NSER), by promoting gambling to those on the list.
The Australian Communications and Media Authority (ACMA) found that over 800 emails were sent out that went against spam laws as they contained a direct link to sports betting, but had no unsubscribe option.
Additionally, the regulator found that over 500 messages were sent to those on the gambling self-excluded list. ACMA chair Nerida O’Loughlin was heavily critical of the company, stating, “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.”
“Wagering providers must also appropriately identify where messages promote or advertise their services and ensure that those messages comply with the rules, including the obligation to promote the NSER.”
PointsBet denies any wrongdoing
PointsBet claims both the spam emails and the messages to those signed up to Betstop were innocent errors.
A company spokesperson said, “While the company does not necessarily agree with the basis of all the findings, nor the quantum of the penalty, PointsBet put forward, and the ACMA accepted, the enforceable undertakings pursuant to which the company will review and strengthen its compliance processes.”
“In terms of the spam findings, the emails ‘containing a direct link to its betting products’ were transactional, responsible gambling communications which included the PointsBet logo that unintentionally had an embedded link to our website. They were not intended to be commercial in nature.
“In relation [to] BetStop, the ACMA found that none of the impacted customers were able to login or place a bet while registered on BetStop. Throughout the investigation, PointsBet was transparent and cooperative with ACMA.”
The ACMA confirmed that no users on the BetStop list had placed bets with the company, and no fine was issued in relation to the breach.
Calls for more gambling regulation
A government report, showed Australians lose more than AU$25 billion a year on gambling. Sports betting and lotteries are legal, but Australia online casinos operate in a gray area. While officially prohibited, many residents access offshore sites and sweepstakes casinos.
There is also no national regulator to enforce rules around online gambling, but the government report, titled “You Win Some, You Lose More” called for one to be set up.
Charles Livingstone, a gambling researcher at Monash University, also called for an Australian gambling regulator to be established in the wake of the PointsBet case.
He added that a fine was not enough to stop any malpractice by gambling operators, commenting, “Financial penalties are so much water off a duck’s back for many of these wagering operators, and they can absorb very significant financial penalties because they’re making what we call an addiction surplus.
“If we had a national regulator, we could enforce universal standards, and we would find much more compliance.”
The ACMA has issued fines of more than AU$14 million in the past 18 months over spam-related penalties.
Adam is an experienced writer with years of experience in the gambling industry. He has worked as a content writer and editor for five years on sites such as Oddschecker, CoinTelegraph and Gambling Industry News, bringing excellent knowledge of the world of sports betting and online gambling.
