SBS has been caught out by the media watchdog over a Crown Casino ad that aired during last year’s Tour de France coverage
The Australian Communications and Media Authority (ACMA) found the broadcaster aired an advertisement for the Crown Casino at a prohibited time.
Under the Commercial Television Industry Code of Practice, gambling commercials are only permitted before play, after play and during scheduled or unscheduled breaks if shown during live sporting events between 8.30pm and 5am. SBS is required to comply with these advertising rules under its own Code of Practice.
There are exceptions to these rules relating to gambling commercials – including the ‘dining or entertainment’ exception. That exception can apply to commercials that relate to entertainment or dining facilities at locations where gambling takes place.
While the Crown spot in question could have qualified for the code’s “dining or entertainment” exception, ACMA found it didn’t make the cut because its “premier casino resort” tagline drew attention to gambling rather than sticking purely to food and hospitality.
“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,” said Authority member Carolyn Lidgerwood.
This was the first time the ACMA had considered the ‘dining or entertainment’ exception as part of an investigation. Following the ACMA’s breach finding, broadcasters are on notice to exercise caution and carefully consider using any words in advertisements that may draw attention to gambling.
SBS disagrees with ACMA’s application of the long-standing Exception in the Commercial TV Code, but plans not to fight the breach.
The free-to-air broadcaster believes the advertisement complied with the ‘Exception’ as it promoted dining, accommodation and entertainment services, and did not include content that drew attention to betting or gambling in a manner calculated to directly promote their use. The advertisement did not include gambling imagery or calls to action.
B&T understands the advertisement for Crown Resorts Limited was assessed and approved by ClearAds prior to broadcast as compliant with the Commercial TV Code and given a “G” classification which is not available to commercials relating to betting or gambling. And no audience complaints were received in relation to the advertisement by either SBS or the ACMA.
“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,” an SBS Spokesperson told B&T.
During ACMA’s investigation, it found that two other Crown advertisements broadcast during the Tour de France did not breach the Code. Those advertisements also focused on the dining, food preparation and entertainment at Crown establishments, but did not use the “premier casino resort” tagline.
