Investig… · Web viewCricket Australia has released a bumper schedule that sees 35 KFC Big Bash...

Investigation report no. BI-276Summary

Licensee Network Ten (Brisbane) Pty Limited

Station Ten

Type of service Commercial—television

Issue Commercials for Sportsbet broadcast in Ten Eyewitness News First At Five and the KFC Big Bash League

Date of broadcast 26 December 2016

Relevant code Commercial Television Industry Code of Practice 2015

Date finalised 9 March 2017

Decision No breach of clause 6.5.1 [restrictions on betting and gambling commercials]

No breach of Appendix 3 [restrictions on promotion of odds and betting and gambling commercials during a live sporting event]

BackgroundIn January 2017, the Australian Communications and Media Authority (the ACMA) commenced an investigation under section 170 of the Broadcasting Services Act 1992 (the BSA) into commercials for Sportsbet (the commercials) broadcast in Ten Eyewitness News First At Five and the KFC Big Bash League.

Ten Eyewitness News First At Five was broadcast by Network Ten (Brisbane) Pty Limited (the licensee) on Channel Ten on 26 December 2016 from 5.00 pm. The KFC Big Bash League was broadcast by the licensee on Channel Ten on 26 December 2016 from 6.00 pm.

The ACMA received a complaint alleging that it was inappropriate for gambling advertising to be broadcast within a time slot and type of program that would ‘attract a large audience of children’, namely a Boxing Day broadcast of ‘popular short-form cricket’.

The Ten Eyewitness News First At Five broadcast is also included in the investigation as it contained a Sportsbet commercial at 5.52 pm and the complaint referenced gambling advertising just prior to broadcast of the KFC Big Bash League.

The ACMA has investigated the licensee’s compliance with clause 6.5.1 of the Commercial Television Industry Code of Practice 2015 (the Code), and Appendix 31 to the Code.

The programsTen Eyewitness News First At Five is described on the Channel Ten website as:

Comprehensive coverage of local, national and overseas news […] sport […] and the latest weather.2

Ten’s broadcast of KFC Big Bash League is described on the Channel Ten website as:

Cricket Australia has released a bumper schedule that sees 35 KFC Big Bash League matches played in 40 days, including four double-headers, with all 35 matches to be broadcast in prime time, live and exclusive on TEN or ONE.3

The KFC Big Bash League broadcast of the 26 December 2016 featured live coverage of the cricket match between the Hobart Hurricanes and the Melbourne Stars.

The commercialsThe commercials for Sportsbet were broadcast at approximately:

5.52 pm during a commercial break in Ten Eyewitness News First At Five, being the program broadcast immediately prior to the KFC Big Bash League coverage

6.05 pm prior to play commencing in the cricket match

6.07 pm prior to play commencing in the cricket match

7.39 pm during a scheduled break in play

1 Appendix 3: Restrictions on Promotion of Odds and Commercials relating to Betting and Gambling which are broadcast during a Live Sporting Event.

2 https://tenplay.com.au/news/brisbane, accessed 3 March 2017.3 https://tenplay.com.au/sport/cricket, accessed 3 March 2017.

ACMA Investigation report—Commercials for Sportsbet broadcast on Ten on 26 December 2016 2 of 23

7.42 pm during a scheduled break in play

9.10 pm after play had concluded.

Two commercials promoting Sportsbet as a ‘Proud Telecast Sponsor’ were broadcast along with other sponsorship announcements (for KFC, Kia, Optus and Bunnings) at approximately:

5.59 pm immediately prior to the commencement of KFC Big Bash League on field coverage

7.34 pm during a scheduled break in play.

Sportsbet is described on its website as:

[E]stablished for over 15 years as Australia’s premier internet betting and entertainment website…Sportsbet.com.au offers a variety of wagering options on a vast range of Australian and international racing and sporting events.4

Transcripts of the commercials and the times they were broadcast are at Attachment A.

Assessment and submissionsWhen assessing content, the ACMA considers the meaning conveyed by the material, including the natural, ordinary meaning of the language, context, tenor, tone, images and any inferences that may be drawn. This is assessed according to the understanding of an ‘ordinary reasonable’ viewer.

Australian courts have considered an ‘ordinary reasonable’ viewer to be:

A person of fair average intelligence, who is neither perverse, nor morbid or suspicious of mind, nor avid for scandal. That person does not live in an ivory tower, but can and does read between the lines in the light of that person’s general knowledge and experience of worldly affairs.5

Once the ACMA has ascertained the meaning of the material that was broadcast, it then assesses compliance with the Code.

This investigation has taken into account the complaint (at Attachment B) and submissions from the broadcaster (at Attachment C). Other sources are identified in this report where relevant.

Issue 1: Compliance with scheduling restrictions for commercials relating to betting or gambling

Relevant Code provisions6. Advertising restrictions

6.1 Application

6.1.1 In this Section, Commercials include information within Programs or segments of Programs for which Licensees receive payment or other valuable consideration (excluding the free/discounted provision of products or services).

[…]

4 https://help.sportsbet.com.au/app/answers/detail/a_id/19, accessed 3 March 2017.5 Amalgamated Television Services Pty Limited v Marsden (1998) 43 NSWLR 158 at pp 164–167.


6.5 Betting and gambling

6.5.1 A Commercial relating to betting or gambling must not be broadcast: a) in any Program classified G or lower between:

i. 6.00 am and 8.30 am; and ii. 4.00 pm and 7.00 pm; and

b) during any Program that is broadcast between 5.00 am and 8.30 pm and principally directed to Children.

6.5.2 For the avoidance of doubt, the restrictions in clause 6.5.1 do not apply during news, Current Affairs or Sports Programs.

Note: Appendix 3 sets out separate restrictions on Commercials relating to Betting and Gambling and Promotion of Odds which are broadcast during a Live Sporting Event.

8. Interpretation

In this Code, unless the contrary intention appears, the following words have the meaning set out below:

Child means a person under the age of 15.

Commercial means any advertising for a product, service, belief or course of action which is scheduled within a Program break or between Programs, and for which a Licensee receives payment or other valuable consideration. Commercial also includes superimposed text or visual matter occupying only part of a screen during a Program, for which the Licensee receives payment or other valuable consideration, except for the purposes of Section 5.

Program means material the primary purpose of which is to entertain, educate or inform an audience and excludes matter such as Commercials, Community Service Announcements, Station ID and Program Promotions and all other matter set out in sections 5.1 and 5.2. Program includes a Film.

Sports Program means a Program predominantly consisting of:

a) Coverage of a sporting event (whether live, replay or highlights);b) Sporting commentary, analysis, interviews and news;c) Presentations/awards and ceremonies associated with a sporting event;

but does not include comedy or light entertainment/variety programs with a sports theme or association.

FindingThe licensee did not breach clause 6.5.1 of the Code.

ReasonsTo assess compliance, the ACMA has addressed the following questions:

Did the commercials relate to betting or gambling?

If so, were they permitted under clause 6.5.1 of the Code?


The complainant submitted:

My point was the inappropriateness of gambling advertising at a time and in relation to a broadcast that would attract a large audience of children, namely a popular short-form cricket broadcast.

I received a reply from Network 10 that explains precisely how they manage to comply with the code and all the exemptions that might allow them to advertise at plainly inappropriate times. In particular, I take exception to their comment that "These restrictions do not apply during news, current affairs and sports programs as the audiences for these programs are overwhelmingly adult". I do not accept that this would be a fact for BBL cricket broadcast at 6pm on Boxing Day.

Under clause 6.5.1, commercials relating to betting or gambling are not permitted to be broadcast in:

> any program classified G or lower between 6.00 am and 8.30 am and 4.00 pm and 7.00 pm, and

> any program that is broadcast between 5.00 am and 8.30 pm and principally directed to children.

Did the commercials relate to betting or gambling?

The commercial broadcast during a break in Ten Eyewitness News First At Five included the Sportsbet logo and depicted a gambling representative discussing the upcoming KFC Big Bash League cricket match. It included odds for various bets that could be placed with Sportsbet.

The five commercials broadcast in the KFC Big Bash League included promotions for Sportsbet’s ‘Cash Out’ phone application and Sportsbet’s ‘Big Bash Special’. The two ‘Telecast Sponsor’ commercials broadcast at 5.59 pm and 7.34 pm promoted Sportsbet’s ‘Cash Out’ application and were commercials within the meaning of the Code.

Accordingly, the commercials for Sportsbet were commercials relating to betting or gambling.

If so, were they permitted under clause 6.5.1 of the Code?

Under clause 6.5.2, the restrictions on when commercials relating to betting or gambling can be broadcast do not apply to news, Current Affairs or Sports Programs.

As Ten Eyewitness News First At Five is a news program, the advertising restrictions in clause 6.5.1 do not apply to the commercial for Sportsbet that was broadcast in the program.

The KFC Big Bash League cricket match between the Hobart Hurricanes and the Melbourne Stars meets the definition of a ‘Sports Program’ under the Code, as it is a program predominantly consisting of coverage of a live sporting event. Therefore, the advertising restrictions in clause 6.5.1 do not apply to the commercials for Sportsbet that were broadcast in that program.

Accordingly, the licensee did not breach clause 6.5.1 of the Code.


Issue 2: Compliance with restrictions on commercials relating to betting or gambling broadcast during a live sporting event

Relevant Code provisions Appendix 3: Restrictions on Promotion of Odds and Commercials relating to Betting and Gambling which are broadcast during a Live Sporting Event

Promotion of Odds during a Live Sporting Event

III. Subject to clause V, a Promotion of Odds is not permitted at the following times during a live Sporting Event:

a. during Play; or

b. in Scheduled Breaks; or

c. in Unscheduled Breaks.

IV. Promotion of Odds by a Commentator is not permitted during a Live Sporting Event:

a. within 30 minutes before the commencement of Play; and

b. within 30 minutes after the conclusion of Play.

V. Clause III does not prevent Promotion of Odds (including spot commercials and paid, clearly identified sponsorship segments delivered by persons other than Commentators) during a Long Form Live Sporting Event:

a. before Play has commenced; and

b. during Play, as part of a break of at least 90 seconds and in accordance with the rules set out below for each Long Form Live Sporting Event:

Tennis Not more than once per Session.

To be placed between matches where the broadcast moves from one match to another.

Golf Not more than once on each day of competition.

Formula 1, Moto GP and V8 Supercars

Not more than once on each day of competition.

To be placed no later than the end of the warm-up lap for V8 Supercars Championship Series Race, or the relevant feature race.

Cricket Not more than once on each day of competition.

To be placed between Sessions.

Olympic and Commonwealth Games

Not more than once every 3 hours on each day of competition.

Other Not more than once on each day of competition.

provided that the Promotion of Odds is not for a race, match or game that has already commenced; and

c. after Play has concluded.


VI. For a Long Form Live Sporting Event (other than tennis) which lasts for more than 1 day, Play commences 5 minutes before the broadcast coverage of the run of play or active progress of competition for that day commences, and concludes 5 minutes after the broadcast coverage of the run of play or active progress of competition for that day concludes.

Note: Play does not include periods of analysis, re-play footage or discussion that occurs before and after the coverage of the run of play or active progress of the event for each day.

Rules for Commercials relating to Betting or Gambling and the Promotion of Odds

VII. A Commercial relating to Betting or Gambling or a Promotion of Odds during a Live Sporting Event must not:

a) be directed to children;

b) portray children as participating in betting or gambling;

c) portray betting or gambling as a family activity;

d) make exaggerated claims;

e) promote betting or gambling as a way to success or achievement; or

f) associate betting or gambling with alcohol.

VIII. A Commercial relating to Betting or Gambling or a Promotion of Odds during a Live Sporting Event must:

a) be socially responsible; and

b) not mislead or deceive the audience.

IX. A Commercial relating to Betting or Gambling or a Promotion of Odds is not permitted during a Live Sporting Event unless it contains or concludes with a Responsible Gambling Message.

Commercials relating to Betting or Gambling during a Live Sporting Event

X. Subject to clause XI, Commercials relating to Betting or Gambling are not permitted during Play during a Live Sporting Event.

XI. Commercials relating to Betting or Gambling are only permitted at the following times during a Live Sporting Event:

a) before Play has commenced;

b) during Scheduled Breaks;

c) during Unscheduled Breaks; and

d) after Play has concluded.

XII. The rules at clause XI apply to each sporting event or game in tournament for a single sport (such as the Rugby World Cup) or a Long Form Sporting Event (such as the Australian Open Tennis) as if each sporting event or game was broadcast on an individual match basis.

Rules for representatives of gambling organisations during a Live Sporting Event

XIII. During a Live Sporting Event, a representative of a gambling organisation:

a) undertaking a Promotion of Odds; or

b) appearing in a Commercial relating to Betting or Gambling;

must not be at or around the venue, or appear to be at or around the venue, where the game or match that is the subject of the Live Sporting Event is taking place.

Note: For the avoidance of doubt, clause XIII does not apply to a venue that is a horse, harness or greyhound racing venue.


XIV. During a Live Sporting Event, a representative of a gambling organisation must be clearly identified and not appear as a Commentator.

Definitions

[…]

Commentator means a person who is a host, guest or otherwise participating in a Live Sporting Event and includes a person calling, or providing analysis on, the sporting event or game. It does not include discrete and distinguishable contributors, including clearly identified representatives of gambling organisations. […]

Live Sporting Event includes:

a) live-to-air sporting broadcasts;

b) broadcasts delayed in the licence areas in which the event is being held pursuant to a requirement of the relevant sporting organisation (“delay against the gate”);

c) sporting broadcasts delayed for time zone reasons and broadcast as plausible live;

d) replay material where a scheduled live-to-air sporting broadcast has been temporarily suspended (e.g. during rain breaks in cricket coverage), provided that normal or stand-by programs have not been resumed.

[…]

Odds means comparative, generally monetary, odds offered during a Live Sporting Event for a bet on the chance of any occurrence or outcome within a particular game or event, or the overall outcome of a game or event. For the avoidance of doubt, Odds includes comparative odds for horse, harness and greyhound racing.

[…]

Promotion of Odds means a distinct promotional reference that provides Odds and includes any writing, still or moving pictures, signs, symbols or other visual images or any audible message/s (or any combination of those things). It does not include a reference that is:

a) Accidental; or

b) an Incidental Accompaniment.

[…]

Responsible Gambling Message means a short statement designed to encourage the listener and/or viewer to gamble responsibly. Responsible Gambling Messages include statements required by State Laws and industry codes of practice or where not required by law or a code, includes: "Gamble Responsibly", "[name of advertiser] supports responsible gambling", "Bet within your limits", or "Stay in control when gambling".

FindingThe licensee did not breach Appendix 3 to the Code.

ReasonsTo assess compliance, the ACMA has addressed the following questions:

Were the commercials broadcast in a live sporting event?

If so, were the commercials permitted by Appendix 3?


The complainant raised concerns about the appropriateness of gambling advertising in a popular cricket broadcast where children may be in the audience. The protections in Appendix 3 are relevant to these concerns.

The licensee submitted:

Network Ten broadcast the following Sportsbet advertisements in accordance with Clause 6.5.1 and Appendix 3 of the Code:

• A Sportsbet advertisement containing live odds at 5.52pm during a commercial break in Ten Eyewitness News First At Five. The scheduling of this advertisement during a news program was in accordance with Clause 6.5.1 and Clause 6.5.2 of the Code. Appendix 3 of the Code is not applicable. We note that this was not within the scope of the viewer’s complaint.

• A sponsorship announcement for the KFC Big Bash League at 5.59pm immediately following the conclusion of Ten Eyewitness News First At Five and immediately preceding the KFC Big Bash League. The sponsorship announcement featured multiple sponsors including Sportsbet. The sponsorship announcement did not promote live odds.

• A Sportsbet commercial at 6.05pm and 6.07pm during the KFC Big Bash League. The commercial did not promote live odds and was broadcast prior to Play commencing during a Live Sporting Event, in accordance with Clause XI of Appendix 3.

• A sponsorship announcement at 7.34pm which featured Sportsbet. The announcement did not promote live odds and was broadcast during the Scheduled Break, being the change of innings in a T20 Cricket match, in accordance with Clause XI of Appendix 3.

• A Sportsbet commercial at 7.39pm during the Scheduled Break. The commercial did not include live odds and was broadcast in accordance with Clause XI of Appendix 3.


• A Sportsbet commercial at 9.10pm after Play had concluded. The commercial did not include live odds and was broadcast in accordance with Clause XI of Appendix 3.

Hence Network Ten submits that the broadcast of Sportsbet advertising complied with the Code.

Were the commercials broadcast in a live sporting event?

The licensee submitted, and the ACMA accepts, that the KFC Big Bash League was a live-to-air sporting broadcast, which meets the definition of a live sporting event in Appendix 3.

If so, were the commercials permitted by Appendix 3?

The ACMA has considered each relevant clause 6 in Appendix 3 below:

6 Clauses VI and V only apply to long form live sporting events that last more than one day. 20/20 cricket is expressly excluded from the definition of long form live sporting event. Clauses XIII and XIV relate to representatives of gambling organisations being present at, or appearing to be around, the venue where the live sporting event is taking place, a matter that was not an issue in the investigation.


Clauses III and IV: Promotion of Odds during a Live Sporting Event

Clause III provides that the promotion of odds is not permitted during a live sporting event during play or in scheduled or unscheduled breaks. Clause IV provides that the promotion of odds by a commentator is not permitted during a live sporting event within 30 minutes prior to commencement of play or 30 minutes after the end of play.

The commercial broadcast during at 5.52pm during a break in Ten Eyewitness News First At Five contained live odds given by a representative of a gambling organisation, Sportsbet. There was no promotion by a commentator participating in the KFC Big Bash League. As such, clauses III and IV do not apply to that commercial.

The remaining commercials and telecast sponsor promotions for Sportsbet broadcast during the KFC Big Bash League contained no promotion of odds.

Accordingly, the licensee did not breach clauses III and IV.

Clauses VII and VIII: Rules for Commercials relating to Betting or Gambling and the Promotion of Odds

Clause VII provides that gambling or betting commercials during a live sporting event must not be directed to children, portray children as participating in betting or gambling, portray it as a family activity, make exaggerated claims, promote it as a way to success or achievement or associate it with alcohol. Clause VIII provides that such commercials must be socially responsible and not mislead or deceive the audience.

There were no children portrayed in the commercials and no content within the commercials appeared to be directed to children. The commercials did not appear to be making exaggerated or misleading claims. The people depicted in the commercials wore casual clothing, with no external signs of wealth, such as luxury cars or prestige brands. While some of the commercials were set in a public hotel, there were no depictions of people consuming alcohol, and no alcohol branding or logos within the commercial.

In light of this, the ACMA considers that the ordinary reasonable viewer would consider that the commercials do not present gambling or betting in any of the ways prohibited by clauses VII and VIII.

Accordingly, the licensee did not breach clauses VII and VIII.

Clause IX: Responsible gambling message

Clause IX provides that each commercial relating to betting or gambling must contain or conclude with a responsible gambling message. According to the definition in the Code, a ‘Responsible Gambling Message’ means a short statement designed to encourage the listener and/or viewer to gamble responsibly.

Each of the commercials contained a message provided in onscreen text that advised viewers to gamble responsibly, included the phone number for a gambling helpline, and provided details for the ‘gamblinghelponline.org.au’ website. This kind of information constitutes a ‘Responsible Gambling Message’ within the meaning of the Code.7

Accordingly, the licensee did not breach clause IX.

Clauses X, XI and XII: Commercials relating to Betting or Gambling during a Live Sporting Event

7 Please see Attachment A for details of each of the commercials’ ‘Responsible Gambling Message’.


Clause X provides that commercials for betting or gambling are not permitted during play. Clause XI provides that they are only permitted before play has commenced, during scheduled and unscheduled breaks and after play has concluded. Clause XII provides that clause XI applies to each individual event or game.

The KFC Big Bash League cricket match commenced play at approximately 6.10 pm. There was a scheduled break for a change in innings from approximately 7.30 pm to 7.45 pm. The match concluded at approximately 9.03 pm.

Each of the commercials were broadcast either before play, during a scheduled break, or after play had ended, as detailed in Attachment A.

Accordingly, the licensee did not breach clauses X or XI.


Attachment A

Transcripts of Sportsbet commercials, broadcast on Ten on 26 December 2016 between 5.52 pm and 9.10 pm

1) At 5.52 pm during a commercial break in Ten Eyewitness News First At Five, being the program broadcast prior to the KFC Big Bash League:

VISUAL AUDIO ON-SCREEN TEXT

An animated picture of person hitting a cricket ball with a cricket bat. The ball is hit outside of a stadium.

[sound effects: bat hitting a ball and a crowd cheering]

Sportsbet

A Sportsbet gambling representative in mid shot, talking to the audience.

How good is Boxing Day? Cricket all day, you get off the couch, you get the leftovers and the gravy on and then you get back on the couch and cricket all night

Sportsbet

the Hurricanes and the Stars, the Stars are short priced favourites here, but I don’t mind the Hurricanes, they were very good in their first dig playing away from home now they’re at home and they bat very deep, and if you think they’re gonna bat deep, double your winnings up to

Sportsbet

Match Betting

Hurricanes Win $2.25Stars Win $1.67

[text along bottom of screen]

Is gambling a problem for you? Call Gambling Help Online 1800 858 858 or your local state gambling helpline. Gamble Responsibly www.gamblinghelponline.org.au. Odds correct at 26.12.16 – 3pm.

fifty bucks in bonus bets if they score 180 or more tonight, it’s happened three of the first five games so it is very much on tonight.

Sportsbet

Big Bash H2H Special

Big Bash! If your team scores 180 runs or more we’ll DOUBLE your winnings up to $50 *In bonus bets


[Fine print for competition rules]

Now run scorer markets, this man, Glenny Sportsbet


Maxwell has he been running his mouth off in the off season, but he is an even better batsman, he’ll let that do the talking tonight, if you think he’s gonna get there, I think he might, he scored 56 not

Top Stars Runscorer

Luke Wright - $4.00Glenn Maxwell - $4.50Rob Quiney - $4.50Marcus Stone - $5.00Sam Harper - $8.00David Hussey - $8.50

[text along bottom of screen]Is gambling a problem for you? Call Gambling Help Online 1800 858 858 or your local state gambling helpline. Gamble Responsibly www.gamblinghelponline.org.au. Odds correct at 26.12.16 – 3pm.

out in 32 last year, and the Megabet, four or more sixes for the Stars tonight, it’s happened three of the first five games, the big show, he might hit them himself.

Sportsbet

Big Bash!4+ Melb StarsPlayers to hit a six!$4



Make sure you gamble responsibly. Sportsbet



Animation of person hitting a cricket ball with a cricket bat. The ball hit out of the

[sound effects: bat hitting a ball and a crowd cheering]

Sportsbet


stadium.

2) At 5.59 pm immediately prior to the commencement of KFC Big Bash League:


People in a pub standing together looking up at screen while holding up their phones.

[background music]

Sportsbet Cash Out.

[located in the advertising ‘frame’, which depicts a sports stadium]

PROUD TELECAST SPONSOR


Is gambling a problem for you? Call Gamblers Help 1800 858 858 or your local state gambling helpline. Gamble responsibly www.gamblinghelponline.org.au.

Vision of a phone screen, then a finger selecting ‘Cash Out’.

[background music]

Download the app and get your



[On phone screen]

Potential Winnings - $650.21

Cash Out Value - $304.35

Cash Out



Group of friends embracing a man with everyone looking at his phone.

[background music]

cash early on the Big Bash with






Sportsbet logo only.

[background music]

Sportsbet.



Sportsbet

‘Application’ logos for ‘Apple’ and ‘Android’



3) At 6.05 pm prior to play commencing in the cricket match:


Animated bird wearing a helmet and pecking at chips on the ground. It raises its head up.

[background music]

Heads up!


[fine print competition rules]

Animated cricket ball moving toward text on screen.

[background music]

It’s Sportsbet’s Big Bash special.

Sportsbet

Big Bash

Special


[‘Fine print’ competition rules]


Animation of a hand throwing a ball within a stadium. The ball is hit by a cricket bat by a man wearing a helmet. As the ball rebounds, letters are revealed across the screen.

[background music]

Place a match bet this season, and if your team wins and scores 180 runs or more

Your Team

Wins and scores 180+


[‘Fine print’ competition rules]

Animation of a ball moving across the screen revealing text.

[background music]

we’ll double your winnings

Double your

Winnings



Animation of a man with a ball shouting.

[background music]

up to 50 bucks in bonus bets.

Up to $50 Bonus Bets



Person wearing a helmet hitting a cricket ball with a bat. He hits the ball out of a stadium. There is an animated bird wearing a helmet that is flying across the screen in the same direction as the ball.

[background music]

with Sportsbet.

Sportsbet




4) At 6.07 pm prior to play commencing in the cricket match – the same commercial as was broadcast at 6.05 pm.

5) At 7.34 during a scheduled break in play – the same commercial as was broadcast at 5.59 pm.

6) At 7.39 pm during a scheduled break in play:


The camera pans on two men sitting on a couch watching TV. Out to the left is a glass door to a backyard barbeque. The man on the left is eating chips, the man on the right is looking at his phone.

[background sound effects: sports match on TV]

[Man on the left]: Can’t lose from here.


[competition ‘fine print’ along with:]


Man on the left throws something down and gets up off the couch. The man on the right watches him leave. As the sound of thunder occurs, there is a flash of light.

[voiceover] There it is.

[sound effect of thunder]


[competition ‘fine print’]

[with]


Close up of the man on the right’s face. He looks down at his phone.

[voiceover] The curse. [text along bottom of screen]


[with]


Close up of a phone screen showing Sportsbet logo, various odds and number of innings as well as a prominent ‘cash

[sound effect: sports match] [On phone screen]

[not live odds]

SportsbetMelbourne Stars 165/6Sydney Thunder 179Melbourne Stars 2.88Sydney Thunder 1.42


out’ amount.

The ‘cash out’ amount is going down rapidly.

Cash Out your […illegible]Cash Out Value: $55.77 [amount reducing over time]Cash Out



[with]


The man’s face is shown briefly in close up, followed by a close up of a finger selecting ‘Cash Out’ on a phone screen.

[sound effect: sports match]

Cash Out. With Sportsbet


[phone app ‘fine print’ information]

Man on the right looks relieved. He is no longer holding his phone. He looks out to the left of screen.


and get out of your bet early.

[sound effect: banging]



Man that had left the room is depicted locked out in the rain trying to get back into the house. He is gesturing to the other man on the couch.

[sound effect: rain]

[muffled, man outside]: open the door!

Man on the couch is putting his phone away in his back pocket and shaking his head.

Cash out, with Sportsbet. Cash Out

Sportsbet




7) At 7.42 pm during a scheduled break in play:




[voiceover]: If you’ve



[with]


Vision of a phone screen, with a finger hovering over the ‘Cash Out’ section of the screen.


[voiceover]: nailed three out of four

[on phone screen]

[…]

Cash Out Value $379.00

Cash Out



[with]




[voiceover]: on your multi and the last leg is getting tight



[with]



Vision of a phone screen.


[voiceover]: everything feels



[with]


Man in a pub looks at a man standing next to him. Close up of another man’s face. He appears to be yelling in the direction of the screen. Screen narrows and darkens and moves in slow motion.


[voiceover, heavy tone]: unnecessarily dramatic.



[with]


Vision of a phone screen. A finger selects ‘Cash Out’ on the phone.


[voiceover]: Take your winnings early.



The men who had been watching the screen look happy and they all embrace a man together.


Cash out with Sportsbet. Oi cut it out.

Cash Out

Sportsbet



[phone app ‘fine print’]

8) At 9.10pm after play had concluded – the same commercial as was broadcast at 6.05 pm and 6.07 pm.


Attachment B

Complaint

Complaint to the licensee/broadcaster dated 26 December 2016:

I object to any form of betting being advertised during sports broadcasts at a time when children are likely to be watching. Gambling is a major social ill in Australia, and advertising should be restricted in the same way that advertising of cigarettes, alcoholic drinks and adult services are all restricted to later time slots.

Complaint to the ACMA dated 25 January 2017:

I complained directly to Network 10 about a sportsbet advertisement run immediately prior to the Big Bash League broadcast (6pm) on Boxing Day. My point was the inappropriateness of gambling advertising at a time and in relation to a broadcast that would attract a large audience of children, namely a popular short-form cricket broadcast.

I received a reply from Network 10 that explains precisely how they manage to comply with the code and all the exemptions that might allow them to advertise at plainly inappropriate times. In particular, I take exception to their comment that "These restrictions do not apply during news, current affairs and sports programs as the audiences for these programs are overwhelmingly adult". I do not accept that this would be a fact for BBL cricket broadcast at 6pm on Boxing Day. Network 10 might have complied with the precise wording of the Code (although I would like that to be considered by the ACMA), but they certainly have failed to comply with the spirit of the Code, in my opinion.


Attachment CLicensee’s response and submissions

Licensee response to the complainant dated 20 January 2017:

Thank you for your comments regarding Sportsbet advertisements broadcast during coverage of the Big Bash League, with particular reference to the Hobart Hurricanes V Melbourne Stars match broadcast on 26 December 2016 on TEN from 6.00pm. We apologise for any offence the placement of this advertising may have caused you.

The material broadcast on commercial television is regulated by the Commercial Television lndustry Code of Practice. The Code has been registered with the Australian Communications and Media Authority and has been formulated after extensive consultation with government advisory bodies, community interest groups and the public generally. The Code regulates the placement of commercials for betting and gambling.

The Code sets out the time periods when commercials may be broadcast. ln addition to the relevant classification timezones, particular categories of commercials, such as betting and gambling, are subject to additional restrictions.

Under the Code, a commercial relating to betting or gambling must not be broadcast in any program classified G or lower between 6.00 am and 8.30 am, or 4.00 pm and 7.00 pm. Nor should such a commercial be broadcast during any program that is broadcast between 5.00 am and 8.30 pm and principally directed to children. These restrictions do not apply during news, current affairs or sports programs as the audiences for these programs are overwhelmingly adult.

There are additional restrictions in relation to the broadcast of such advertising during a live sporting event, such as a Big Bash match. ln general, sports betting advertising is permitted before and after play. Once play has commenced, the promotion of betting live odds is not permitted. Advertisements for sports betting that do not mention odds are only permitted during scheduled or unscheduled breaks. Some exceptions apply for long-form sports such as cricket, tennis, golf, or the Olympics, where limited promotions of odds are permitted during play, subject to strict requirements.

Upon review, we consider that sports betting advertisements were broadcast in accordance with the Code. We do appreciate your concerns and your correspondence provides valuable feedback about community standards.

Licensee submission to the ACMA dated 2 March 2017:

The Programs

Ten Eyewitness News First At Five is an hour long news program broadcast on weeknights at 5.00pm, including on 26 December 2016 on Channel TEN. The program covers local, national and world news, and includes sport and weather. In accordance with Clause 2.3.3 of the Code, the program was not classified.

The KFC Big Bash League was a live to air broadcast of a Big Bash League match between the Hobart Hurricanes and the Melbourne Stars. The broadcast commenced from 6.00pm on 26 December 2016. The broadcast constituted a ‘Sports Program’ as defined in Section 8 of the Code and further the broadcast of a ‘Live Sporting Event’ as defined in Appendix 3 of the Code.


Comments on compliance with the Code

Network Ten takes its responsibilities concerning the broadcast of sports wagering advertisements seriously. Commercial broadcasters have the most comprehensive, targeted set of restrictions on the promotion of betting services of any media platform in Australia. The current Code, incorporating the sports betting advertising protections outlined above, was registered by the ACMA on 10 November 2015 and came into effect on 1 December 2015.

Sportsbet is an online wagering operator. Network Ten broadcast the following Sportsbet advertisements in accordance with Clause 6.5.1 and Appendix 3 of the Code:

• A Sportsbet advertisement containing live odds at 5.52pm during a commercial break in Ten Eyewitness News First At Five. The scheduling of this advertisement during a news program was in accordance with Clause 6.5.1 and Clause 6.5.2 of the Code. Appendix 3 of the Code is not applicable. We note that this was not within the scope of the viewer’s complaint.

• A sponsorship announcement for the KFC Big Bash League at 5.59pm immediately following the conclusion of Ten Eyewitness News First At Five and immediately preceding the KFC Big Bash League. The sponsorship announcement featured multiple sponsors including Sportsbet. The sponsorship announcement did not promote live odds.

• A Sportsbet commercial at 6.05pm and 6.07pm during the KFC Big Bash League. The commercial did not promote live odds and was broadcast prior to Play commencing during a Live Sporting Event, in accordance with Clause XI of Appendix 3.

• A sponsorship announcement at 7.34pm which featured Sportsbet. The announcement did not promote live odds and was broadcast during the Scheduled Break, being the change of innings in a T20 Cricket match, in accordance with Clause XI of Appendix 3.



• A Sportsbet commercial at 9.10pm after Play had concluded. The commercial did not include live odds and was broadcast in accordance with Clause XI of Appendix 3.

Hence Network Ten submits that the broadcast of Sportsbet advertising complied with the Code.


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