Australia’s media regulator has ruled that SBS breached gambling advertising requirements after broadcasting a Crown advertisement during its coverage of the Tour de France in July 2025.
The finding followed an investigation by the Australian Communications and Media Authority (ACMA), which concluded that the advertisement promoted gambling activities at a time when such advertising was not permitted under industry rules governing live sports broadcasts.
The decision also provided the regulator’s first examination of a long-standing exemption that allows certain advertisements connected to dining and entertainment facilities located at gambling venues.
Regulator Reviews Crown Advertisement
Under the Commercial Television Industry Code of Practice, broadcasters may only air gambling advertisements before sporting events begin, after they conclude, or during scheduled and unscheduled breaks when live sports are broadcast between 8:30 p.m. and 5 a.m. SBS is subject to these restrictions through its own Code of Practice.
ACMA determined that the Crown advertisement in question fell outside the permitted advertising framework because it promoted gambling activities available at the venue.
The commercial featured dining, accommodation and entertainment offerings, but regulators focused on its use of the phrase “premier casino resort.” According to ACMA, that wording directed attention toward gambling services and therefore prevented the advertisement from qualifying for an exemption available under the Code.
The exception permits advertising for dining and entertainment facilities located at venues where gambling occurs. However, ACMA concluded that the Crown advertisement extended beyond those categories because of the casino-related tagline.
Authority Member Carolyn Lidgerwood explained the regulator’s interpretation of the exemption.
“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,” she said.
First Examination of Advertising Exception
The investigation marked the first occasion on which ACMA assessed the “dining or entertainment” exemption as part of a formal inquiry.
Regulators said the outcome serves as a reminder that broadcasters should carefully evaluate advertising language when promoting venues that offer both hospitality services and gambling activities.
According to ACMA, advertisers and broadcasters should exercise caution when using terms that could be interpreted as encouraging gambling, even when an advertisement primarily focuses on food, entertainment or accommodation.
The authority noted that the Crown advertisement at the center of the investigation broadly highlighted hospitality and leisure offerings. Despite that focus, ACMA found that the “premier casino resort” tagline directly promoted gambling opportunities available at the venue.
The regulator’s interpretation means that even limited references to gambling activities can affect whether an advertisement qualifies for the exemption.
SBS Disputes Finding but Accepts Decision
SBS disagreed with ACMA’s conclusion and maintained that the commercial complied with the established exemption.
According to the broadcaster, the advertisement promoted dining, accommodation and entertainment services and did not contain imagery, messaging or calls to action designed to encourage gambling participation.
The advertisement had been reviewed and approved before broadcast by ClearAds, which assessed it as compliant with the Commercial Television Industry Code of Practice. The commercial also received a “G” classification, a rating unavailable to advertisements directly related to betting or gambling activities.
The broadcaster further noted that neither SBS nor ACMA received audience complaints regarding the advertisement.
In a statement, an SBS spokesperson said: “SBS acknowledges the ACMA’s decision. SBS takes seriously its obligations in relation to gambling advertising restrictions but does not agree with this finding. In SBS’s view, the advertisement complied with the long-standing Dining and Entertainment Exception, and there were no audience complaints about the advertisement received by either SBS or the ACMA. SBS remains committed to meeting all regulatory requirements and maintaining the trust of its audiences.”
Although SBS disagreed with the regulator’s interpretation, the broadcaster indicated it would not challenge the ruling.
The investigation also reviewed two additional Crown advertisements that aired during the Tour de France coverage. ACMA found those commercials complied with the Code because they concentrated on dining experiences, food preparation and entertainment offerings at Crown venues without using the “premier casino resort” wording.
As a result, only one of the three advertisements examined during the investigation was found to have breached the advertising rules.