The Australian Communications and Media Authority (ACMA) has issued a formal warning to mixed martial arts fighter Jamie Mullarkey after he promoted an illegal offshore gambling service on social media, marking another step in the regulator's ongoing crackdown on unlawful gambling advertising.
The warning highlights the increasing scrutiny being placed on influencers and content creators who promote offshore betting operators to Australian audiences, particularly through platforms such as Instagram and YouTube.
For Australian punters, it also serves as a timely reminder of the difference between licensed bookmakers operating legally in Australia (that we promote here on BYB) and offshore gambling websites that fall outside Australian consumer protection laws.
Why was the warning issued?
According to ACMA, Mullarkey published sponsored Instagram content promoting an overseas gambling operator that is prohibited from offering gambling services to Australians under the country's interactive gambling laws.
While many people associate gambling advertising enforcement with television commercials or sportsbook marketing campaigns, Australia's gambling legislation also applies to social media promotions where individuals are paid or incentivised to promote illegal gambling services.
In announcing the action, ACMA Authority Member Carolyn Lidgerwood said influencers have a responsibility to understand the laws surrounding gambling promotions.
"Influencers should think carefully before promoting gambling services to Australians. Promoting illegal gambling services puts Australians at risk and can expose influencers to regulatory action," said Lidgerwood.
Although ACMA elected to issue a formal warning rather than pursue stronger penalties in this case, the regulator made it clear that future breaches may result in more significant enforcement action.
Why offshore gambling sites are different
Many offshore gambling operators target Australian customers through social media, affiliate websites and online advertising despite being prohibited from offering most gambling products in Australia.
Unlike licensed Australian bookmakers, these operators are generally not subject to Australian consumer protection requirements relating to:
- Responsible gambling measures
- Identity verification
- Complaint resolution
- Financial safeguards
- Regulatory oversight
This means Australians who use illegal offshore bookmakers may have limited avenues for recovering funds or resolving disputes if problems arise.
ACMA continues to expand enforcement
The warning forms part of ACMA's broader campaign against illegal online gambling.
In recent years, the regulator has:
- Requested internet service providers block hundreds of illegal gambling websites.
- Worked with international regulators to disrupt offshore operators targeting Australians.
- Issued infringement notices and formal warnings.
- Referred serious matters for legal action where appropriate.
The regulator has consistently encouraged Australian consumers to check whether a bookmaker is licensed before opening an account.
What this means for influencers
The latest action also sends a broader message to athletes, sporting personalities, streamers and online creators who may be approached with sponsorship opportunities from overseas gambling companies.
Even where promotional content appears relatively informal, Australian law can still apply if the advertising targets Australian consumers or promotes services that are illegal to provide within Australia.
As gambling-related content continues to grow across social media platforms, influencers are likely to face greater expectations to conduct due diligence before accepting commercial partnerships.
What it means for punters
For most Australians who bet on sport, very little changes.
Licensed bookmakers continue to operate under strict Australian regulations covering consumer protection, responsible gambling obligations and anti-money laundering requirements.
The warning instead reinforces the importance of ensuring any bookmaker used by Australian punters is appropriately licensed.
If an operator is heavily promoted through social media but cannot legally accept Australian customers, punters should proceed with caution.
BYB Take
The story isn't really about one influencer.
It's another sign that regulators are widening their focus beyond bookmakers themselves and towards the entire ecosystem surrounding gambling advertising. That now includes affiliates, content creators, social media personalities and anyone else promoting gambling products to Australian audiences.
For licensed bookmakers that operate within Australia's regulatory framework, stronger enforcement against illegal offshore operators should ultimately help create a more level playing field.
For punters, the safest approach remains following Before You Bet where we only promote licensed Australian bookmakers that are subject to local laws, consumer protections and responsible gambling requirements.
