ACMA Investigates Disney+ Over Gambling Ad Loophole

The Australian regulator ACMA has launched an investigation into the streaming service Disney+ for broadcasting gambling ads during prohibited hours. In Australia, advertising of betting services is banned 5 minutes before and 5 minutes after a sports event between 5:00 AM and 8:30 PM, with an exception for channels with an audience share of less than 0.5%.

ESPN and Disney+ Situation

The sports channel ESPN previously aired on cable platforms Foxtel and Fetch with a low audience share and received an exemption from the ban. However, since March 2025, ESPN has also been available on Disney+, which has 3.3 million subscribers in Australia. Disney+ continued to broadcast gambling ads during prohibited hours, claiming it was simply simulcasting the Foxtel ESPN feed and complying with all regulations.

ACMA disagrees with this interpretation, stating it does not align with the intent of the law, and is requesting additional information from Disney+ on how its practices meet regulatory standards and community expectations.

Expert Opinions

Tim Costello from the national organization Alliance for Gambling Reform, which works to prevent gambling harm, called Disney+’s actions “shameful,” given the platform’s largely young audience.

According to host Linton Besser, Disney+ is exploiting a “loophole” in the rules by streaming betting ads that are prohibited on free-to-air channels but continue on the subscription platform.

Disney+ Position

A Disney+ spokesperson told ABC that “advertising on ESPN channels on Pay TV, including simulcast digital feeds on Disney+, complies with all applicable regulations and codes.” The company also highlighted robust parental controls in place to manage content access.

Regulatory Aspects

ACMA notes that the Broadcasting Services Act provides an exemption for streaming services that deliver content identical to that broadcast on subscription television services. ESPN, when offered through Foxtel, previously qualified as a low-audience share channel.

Nevertheless, ACMA has expressed concern about Disney+’s practice and is seeking further clarification to ensure the platform’s actions align with community expectations, regardless of its interpretation of the rules.

ASTRA Comment

An ASTRA representative stated that “ASTRA members take their obligations regarding the transmission of wagering advertising very seriously.” Subscription television providers continually work to ensure their broadcasts comply with existing regulations and codes.