ACMA Rules SBS Breached Gambling Ad Rules During Tour de France

Australia’s media regulator has found that SBS breached gambling advertising rules during its live broadcast of the Tour de France in July 2025, after airing a Crown Sydney advertisement at a prohibited time under the Commercial Television Industry Code of Practice.

The Australian Communications and Media Authority (ACMA) completed its investigation on 31 March 2026, ruling that a 30-second Crown Sydney commercial shown during the cycling coverage constituted gambling advertising and was broadcast outside the permitted window for such content during live sport.

What the Rules Require

Under the Commercial Television Industry Code of Practice, gambling commercials during live sporting events broadcast between 8.30pm and 5am are only permitted before play begins, after play concludes, or during scheduled and unscheduled breaks. SBS is required to comply with equivalent obligations under its own Code of Practice.

The investigation was triggered by ACMA monitoring of the Tour de France coverage — not by audience complaints. ACMA reviewed three Crown advertisements broadcast during the event. Two were cleared. One was not.

Where the Single Ad Failed

The Crown advertisement at the centre of the breach broadly featured dining, food preparation, accommodation and entertainment at Crown Sydney. That content would ordinarily qualify for the Code’s “dining or entertainment” exception, which allows promotion of hospitality and entertainment facilities at venues where gambling also takes place.

However, the commercial ended with the tagline “Sydney’s premier casino resort.” ACMA concluded that wording drew direct attention to gambling activities available at the venue, taking the advertisement outside the scope of the exception.

“The ‘dining or entertainment exception’ under the Code does not apply if any part of the advertisement draws attention to gambling in a manner calculated to directly promote such gambling activities. Such advertisements will be subject to the rules around gambling ads shown during live sport.”

— Carolyn Lidgerwood, Authority Member, ACMA

The regulator said the word “casino” immediately directs a viewer’s attention to gambling activities provided at Crown, and that the phrase encouraged viewers to regard gambling as another available activity at the venue. ACMA noted that alternative wording — such as “hotel resort” — could have been used without triggering the gambling advertising rules.

The two other Crown advertisements aired during the same coverage did not use the “premier casino resort” phrase. Both focused on dining experiences, food preparation and entertainment at Crown venues and were found compliant with the Code.

SBS Disputes the Finding but Will Not Appeal

SBS strongly disagreed with ACMA’s conclusion. In a submission dated 30 January 2026, the broadcaster argued the advertisement had been reviewed and approved by ClearAds as compliant before it aired, and that its content was focused on culinary, hospitality and accommodation experiences with no gambling imagery, language or behavioural prompts.

SBS also maintained that “casino resort” was simply an accurate description of a mixed-use venue, and argued that responsible gambling messaging and public perceptions of the Crown brand should carry no weight in determining whether an advertisement qualified for the exemption.

ACMA rejected those arguments. Despite its disagreement, SBS confirmed it would not challenge the ruling, stating that it takes its compliance obligations seriously and remains committed to meeting all regulatory requirements.

First Ruling on the Dining and Entertainment Exception

The finding carries significance beyond this individual case. It is the first time ACMA has formally examined the scope of the dining and entertainment exception as part of an investigation, and the regulator used the ruling to put broadcasters on notice.

ACMA said even advertisements primarily focused on hospitality require careful consideration to ensure no language draws attention to gambling. The conclusion: a single tagline referencing gambling activities is enough to void the exemption and bring an advertisement within the live sport gambling advertising rules.

The ruling adds to the regulatory pressure Australian broadcasters face on gambling content. Australia classified prediction markets as gambling subject to regulatory oversight earlier this year, a decision covered in our ACMA prediction markets ruling report. Separately, the rising cost of non-compliance across multiple markets has been a recurring theme for regulators globally, as detailed in our analysis of enforcement trends across three jurisdictions. The pattern holds in Australia: regulators are narrowing the grey areas, and broadcasters cannot rely on pre-clearance by third parties as a defence when ACMA reaches a different conclusion.

Source: Australian Communications and Media Authority (ACMA)