Betr fined record amount for gambling advertising

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Liquor & Gaming NSW has fined Betr $210,000 for violating NSW wagering laws during its launch in 2013.

Betr launched in October 2022 with 100-1 and 20-1 odds for major events, including the Melbourne Cup and Cox Plate as well as NRL and AFL. The odds were advertised on newspapers, radio, television and online.

Liquor & Gaming NSW concluded that these advertisements violated NSW laws which prohibit the advertising of any inducement for a gambler to take part in a gambling event, including an incentive to open a betting or wagering account.

The regulator issued 14 notices of penalty for infringements, totaling $210,000. Betr chose to pay. The $210,000 penalty is the highest fine ever issued by NSW to a betting operator for providing inducements.

Jane Lin, Executive Director Regulatory Operations & Enforcement at Liquor & Gaming NSW, stated that Betr received a substantial fine because the regulator was concerned the conduct constituted serious violations of the law.

“This company attempted to establish a new client base and gain a significant share of the market with promotions we consider to have crossed the line. They used inducements that could cause harm to the local community,” said Ms Lin.

In many cases, these promotions are only available to those who have opened a betting account. They, unlike the public, made a deliberate decision to do so and to receive this information.

“Wagering operators are allowed to advertise and promote their products, but they cannot advertise or promote inducements like enhanced odds or bonuses bets in order to encourage people to open an account.”

Liquor & Gaming NSW contacted Betr and they voluntarily halted the campaign. The matter is now closed without the need for a court case, as Betr paid the penalty notices.

SportChamps, a wagering company, has been convicted for posting illegal gambling ads on Facebook, Twitter and Instagram, as a consequence of an investigation conducted by Liquor & Gaming NSW.

On Monday, 27 March 2023 in Downing Centre Local Court, the company was ordered to pay costs of $14,000 and a fine of $40,000 for violating NSW gaming laws. SportChamps is being prosecuted for the third time, after a $2000 fine was imposed in 2018, and a $2550 fine in 2019.

The prosecution relates to advertisements on the sportschamps.com.au site and in social media, which offered cash prizes and bonuses for games that required membership. They also advertised special odds, free bets, and a “refer-a-friend” promotion.

“Gambling operators such as SportChamps who try to circumvent these restrictions are breaking the law and increasing the risk of gambling harms,” said Ms Lin.

“Offering a free bet on Facebook and Instagram and a refer-a-friend promotion shows a complete disrespect for the rules and well-being of our community members who did not consent to receiving gambling advertising.”

“Liquor & Gaming NSW takes a zero tolerance approach to the publication and promotion of illegal gambling inducements. We will continue to monitor television, radio and print advertising, as well as online gambling, to ensure that all providers comply with the Betting and Racing Act, 1998,” said Ms Lin.

A court can impose a maximum fine of $110,000 for a corporation, and $11,000 for individuals who post a prohibited gambling ad. Each penalty notice carries a $15,000 fine.

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