Gambling Advertising Legislation Victoria

Liquor policy

THE crackdown on gambling advertising has expanded to public spaces in Victoria, after the state government announced plans to protect children from ads featuring gambling. Following the approval of new media reforms which will reduce gambling ads on television and radio during live sporting events, the Victorian government has announced plans. Advertising Liability in the Online Gambling Industry By: Lawrence G. Walters www.GameAttorneys.com Signs of a crack down on gambling advertising by United States authorities began to emerge in October, 2003, as word of an investigation into gaming portals and advertisers leaked out.

The liquor policy team is responsible for:

• developing the overall liquor policy framework, preparing policy options and implementing policy decisions of the government
• developing liquor legislation and regulation
• supporting and facilitating stakeholder engagement and providing advice to the Minister for Consumer Affairs Gaming and Liquor Regulation on liquor issues.

For information about liquor licensing, refer to the Business licensing section of our website.

Gambling policy

The gambling policy team is responsible for:

• developing the overall gambling policy framework, preparing policy options and implementing policy decisions of the government
• developing gambling legislation and regulation
• supporting and facilitating stakeholder engagement and providing advice to the Minister for Consumer Affairs Gaming and Liquor Regulation on responsible gambling.

For more information on licensing, compliance, education, research and responsible gambling, refer to the Gambling section of our website.

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The role of statutory agencies and positions

The Victorian Commission for Gambling and Liquor Regulation (VCGLR) (External link) is an independent statutory authority established under the Victorian Commission for Gambling and Liquor Regulation Act 2011. The VCGLR is responsible for regulating all forms of legalised gambling and liquor licence activities in Victoria. The VCGLR is responsible for regulating gaming machines, wagering, keno, interactive gaming, community and charitable gaming, bookmakers, public lotteries, trade promotion lotteries, gambling at the Melbourne casino and liquor licensing arrangements.

The Victorian Responsible Gambling Foundation (VRGF) (External link) is an independent statutory authority established in July 2012, that works to foster responsible gambling and reduce the incidence and impact of problem gambling on the Victorian community. The foundation funds services for people affected by problem gambling, community education to foster responsible gambling and research to ensure services and education are based on the best information available. For more information on licensing, compliance, education, research and responsible gambling, refer to the Gambling section of our website.

The following is a summary, compiled from the statutes and regulations from the corresponding government websites. It is meant as a guide to assist in placing campaigns related to online gambling advertising. It is recommended that the official legislation and legal counsel be consulted before undertaking or accepting any advertising for all purposes of interpretation and application of the law.

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Governed by the Canadian Criminal Code, federal jurisdiction

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• The Criminal Code of Canada (Code) defines what types of gaming activities are illegal in Canada, and the provinces are assigned responsibility to operate, license and regulate legal forms of gaming.
• Part VII of the Code prohibits gaming in general, while section 207 allows for a number of exceptions to the general prohibition. Specifically, it permits “lottery schemes” provided that they are:
  • Lottery schemes “conducted and managed” by the province in accordance with any law enacted by that province
  • Lottery schemes “conducted and managed” by a licensed charitable or religious organization pursuant to a license issued by a provincial authority, provided that the proceeds of the lottery scheme are used for a charitable or religious purpose
  • Lottery schemes “conducted and managed” by a licensed board of a fair or exhibition or by an operator of a concession leased by that board
• Canadian laws allow provincial governments to conduct and manage lotteries and games of chance that are operated on or through a computer, such as Internet casinos; however, in most circumstances, it is a crime in Canada for anyone else to run an online gaming operation.
• Advertising of online gaming services, involving the exchange of money, according to Canadian authorities is illegal. There are some who disagree citing loopholes like the location of the hosting server, while deemed illegal by the attorney general, no legal action has been taken. There are not many media outlets who would risk criminal prosecution to test the validity of this position.
• Based on member company experience, advertising promoting the following appear to be acceptable, but do not constitute official gambling sites:
  • Free game play websites
  • Promoting gaming websites ending in “.net”
  • No official documentation was found to support this

For detailed information, visit:
Part VII, Sections 201, 206 and 207 of the Canadian Criminal Code
Section 31. of the Gaming Control Act

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Amendments current as of: June 2016
Date of COMMB update: September 2019