Self-regulation in the industry is an issue that flares up often. It's usually from lobbyists outside of the industry calling for more government involvement, but most recently it has been the stoush between Tabcorp and the AANA, with its Wagering and Marketing Communication Code that came into play this week.
The new code applies to all forms of wagering offered by betting companies in Australia, but excludes casinos, pokies, lottery products or other forms of gaming. It covers the content of advertising, not its placement (which is already covered in broadcasting codes), and primarily it means to protect children and vulnerable gamblers from content by betting firms.
Gambling/wagering is a contentious industry and, with the rapid expansion of online operators in the last two years, it's no surprise there’s some attention being focused on it.
It's the first time there has been a specific code for the category. Until now it fell under the broader advertising code.
Now, there is a code which aims to deal with the unique set of circumstances the category faces. Its goal is to create a national framework that covers all channels and platforms and offers an easy way for complaints to be made and processed by the Advertising Standards Bureau.
Self-regulation is an important foundation of the advertising industry here and in other markets. So what's in it for an advertiser to step away from the pack on an issue like self-regulation of the industry?
Does the rejection of the code imply Tabcorp plans to disregard it in future campaigns?
If an advertiser continuously and repeatedly flouts regulatory codes, the ASB can ban an ad from appearing and media owners are bound to decline to run ads that do not comply because they too are bound by self-regulatory codes of their respective industry bodies.
The AANA's position is clear and it’s aligned with other trade bodies including ADMA, MFA, OMA, and CRA, all of which stand for self-regulated industry.
The code is administered by the AANA and it applies to all advertisers whether they’re members of the organisation or not. If advertisers don't stand together and unify under a strong self-regulatory code it begins to unravel.
The alternative is more heavy-handed government involvement and regulation, which is rarely anyone's first choice and rarely makes things clearer. So, it's either self-regulate or be regulated.