Australian well-known gambling operator PointsBet has been fined up to AUD 500,800 (approximately USD 320,000) by the Australian Communications and Media Authority (ACMA) for massively violating regulations by sending marketing messages and ignoring the self-exclusion system. This incident has once again sparked external attention and reflection on the user protection mechanisms in the gambling industry.
Over 800 unauthorized emails and texts, some targeted at self-excluded users
ACMA's investigation found that from September to November 2023, PointsBet sent over 800 unauthorized marketing messages, including 705 emails without an unsubscribe option, 90 commercial texts lacking legitimate sender information, and 7 promotional emails sent without the recipients' consent. These actions directly violated Australia's anti-spam laws.
More shockingly, the investigation also revealed that PointsBet had sent up to 508 marketing messages to individuals registered in the National Self-Exclusion Register (NSER). These users had already voluntarily applied to be excluded from all legal gambling platforms, attempting to stay away from gambling activities.
ACMA pointed out that this behavior severely contradicts the legal spirit and protection mechanisms of NSER, directly challenging the bottom line of Australia's gambling regulatory system.
PointsBet misjudged the nature of commercial emails, legal responsibilities unavoidable
PointsBet had argued that some of its emails were "non-commercial in nature" and thus not subject to anti-spam regulations. However, ACMA clearly rejected this claim, emphasizing that any communication content containing links to gambling products or inducing betting behavior is considered commercial promotion and should be regulated.
ACMA Chair Nerida O'Loughlin expressed strong dissatisfaction, stating that PointsBet failed to fulfill its legal obligations to consumers, causing significant distress to some customers trying to stay away from gambling.
"Such erroneous actions are particularly concerning because these customers had actively tried to escape gambling interference through NSER. Their decision should not be ignored or undermined by any company," O'Loughlin stated in her declaration.
Commitment to rectification achieved, ACMA issues industry warning
Although the violations did not lead to NSER users actually betting—due to the system automatically preventing them from placing bets—ACMA believes that PointsBet still needs to take full responsibility for its marketing errors. Currently, PointsBet has reached a legally binding rectification commitment with the regulatory authority, which includes:
A comprehensive review of its marketing practices for legality and compliance;
Implementation of all improvement suggestions proposed by ACMA;
Regular legal training for employees to ensure similar issues do not occur in the future;
Strengthening internal control systems to ensure compliance with NSER regulations.
ACMA emphasized that it will closely monitor whether PointsBet fulfills its rectification commitments and sends a clear signal to the entire gambling industry: any disregard for consumer rights and violation of national laws will face severe penalties.
O'Loughlin added, "This case is not only a penalty for PointsBet but also a warning to the entire industry. If gambling companies continue to ignore the self-exclusion mechanism and anti-spam regulations, we will not be lenient."
