Influencers in the spotlight as NSW regulator hones in on gambling advertisements

NSW to crack down on gambling influencers in regulatory review
Source: Shutterstock / Juergen_Wallstabe

Social media influencers have found themselves back in the spotlight this week, as the New South Wales gambling regulator outlined its plans to focus on this marketing vertical as part of its key regulatory priorities in 2026.

Issuing a notice via its website, Liquor & Gaming NSW warned gambling operators that it will be addressing influencer practices visible to the NSW community, including social media, and ensuring that such material is compliant with the state’s laws.

The refreshed focus on influencer marketing comes as more gambling operators tap into the world of social media as a means of building player engagement. 

For Tarek Barakat, Hospitality and Racing Deputy Secretary, it is of the utmost importance that online bookmakers are well-versed in the laws surrounding gambling advertisements, and their responsibilities when it comes to player protection.

“We are putting gambling operators on notice that a key priority for us this year is examining their marketing and customer retention practices, including the use of social media personalities,” Barakat said.

“Gambling operators should be careful about any affiliate or partnership arrangements as we are holding them responsible for the advertising of their products.”

Among the areas being addressed is both paid and unpaid promotional partnerships between gambling operators and influencers, as well as “influencer content that normalises betting behaviour or glamorises gaming products”. 

One of the biggest priorities, Barakat said, will be how brands are using social media platforms – as well as multimedia content such as podcasts – and whether this content is visible via large youth or vulnerable audiences. 

Blurred lines

Under the Betting & Racing Act 1998 (NSW), any advertisements that offer inducements to gamble are banned. This ban also applies to any content that is “false, misleading or deceptive, including suggesting that winning will be a definite outcome” from participating in gambling activities.

Operators are also prohibited from suggesting that gambling may be used as a means of financial gain.

Any operator that is found to breach those regulations are subject to fines of up to AU$110,000 (£58,000), while social media influencers face fines of up to $11,000. 

The rule doesn’t just apply to promoting offers or bonuses either. Any influencers that are found to be filming themselves gambling at venues and posting such content on social media could also be in breach of the state legislation, with the same penalty enforced.

For Barakat, the prevalence of social media influencers is one of much contention – with this form of marketing, he argued, posing a particular risk to vulnerable players.

He continued: “These practices may increase the risk of gambling harm by blurring the line between entertainment and marketing, and by exposing at‑risk groups to persuasive promotional content.

“L&GNSW will require social media content creators to demonstrate that their social media and website content complies with legal requirements.

“We also work with other responsible agencies as required to ensure people abide by the law and gambling harm is minimised.”

A long list of priorities

Social media is just one aspect that Barakat will be addressing within his regulatory remit in 2026. 

Other priorities, he said, include marketing practices spanning both direct and indirect advertising used by operators, casino governance, integrity, VIP and loyalty programmes and the barriers that players face when closing gambling accounts. 

It comes at an interesting time within the Australian gambling market, as campaigners have been placing increasing pressure on the Labor government to curb the number of advertisements that are displayed across TV, radio and broadcast media.

The nationwide campaign, titled “Give us an ad break”, was launched by the Foundation for Alcohol Research and Education (FARE) and is continuing to gain traction – with more than 130 organisations and public health leaders backing the initiative.

Should the Labor government take the initiative on board, we could soon see a new landscape for gambling operators and affiliates within Australia to navigate – bringing up questions as to whether this market is worth the long-term investment.