Australia: Issued ruling in ACMA investigation into Hubbl, provider of streaming service Kayo, for alleged breach of gambling advertising rules

On 25 June 2024, the Australian Communications and Media Authority (ACMA) issued a ruling following an investigation into Hubbl Pty. Ltd. for an alleged breach of gambling advertising regulations. The investigation was prompted by viewer complaints concerning live streams of various sporting events on Kayo, a sports streaming service operated by Hubbl. According to these rules, online content providers must refrain from airing gambling advertisements during live sporting events during the daytime. During its investigation, the ACMA found that Hubbl had broadcast 16 different gambling advertisements outside of the permitted times across a total of 267 live sports events. Hubbl attributed this to a system error affecting users of iOS applications over a six-week period in February and March 2023. As a result, the ACMA issued a remedial direction to Hubbl, mandating an external audit of its technical systems and processes, including measures implemented post-breach. Failure to comply with this direction could lead to penalties imposed by the Federal Court, amounting to AUD 626’000 per day.