Betfair Pty Limited has been fined AU$871,660 (£425k) for breaching Australia’s spam laws by sending promotional messages to its VIP customers without proper consent.

An investigation by the Australian Communications and Media Authority (ACMA) found that between March and December 2024, Betfair sent 148 emails and text messages to customers who had either not agreed to receive this type of marketing or had withdrawn their consent. 

The regulator also discovered six messages that failed to include an option for customers to unsubscribe – a basic requirement under the law.

These messages, which were aimed specifically at members of Betfair’s VIP programme, offered incentives such as account deposits and free tickets to events. This approach raised concerns, given the sensitive nature of targeting high-value bettors.

ACMA Authority Member, Samantha Yorke, commented: “VIP programs are generally designed to attract and retain customers with high betting activity, however this doesn’t mean VIP customers are well off or can afford losses.”

“Sending promotional gambling messages to these customers without consent or with no option to opt-out is incredibly irresponsible in addition to being non-compliant.”

Yorke also reminded businesses of their legal obligations: “The spam laws have been in place for over twenty years and it is simply unacceptable for businesses not to respect the rights of their customers.”

As part of the penalty, Betfair has entered into a two-year court-enforceable undertaking. This case is the second recent enforcement action focusing on VIP marketing in the gambling sector – highlighting the regulator’s increasing scrutiny in this area.

Yorke added: “Providers are on notice that they need to have their compliance systems in order.”

Strict enforcement continues

Betfair is not alone in facing penalties for breaching spam laws. Over the past year, the ACMA has handed out multiple fines to companies in the gambling sector and beyond. 

For example, in June, Tabcorp was hit with a AUD$4m (£2.1m) fine after sending thousands of unsolicited marketing messages to VIP customers, many of which had not consented or had withdrawn consent. 

The messages also lacked proper sender information, highlighting serious compliance failures.

Earlier in this year, PointsBet Australia was also hit with a AUD$501,000 penalty for sending over 800 promotional messages which included marketing to customers who had self-excluded via the National Self-Exclusion Register. 

In this instance, PointsBet agreed to a court-enforceable undertaking to improve its compliance systems and staff training. 

In total, over the last 18 months, Australian businesses have paid more than $16.6m in spam-related penalties. The ACMA asserted that tackling spam and telecom scams will remain a ‘key priority’ in 2025-26.