The regulator expressed worry about Disney+ showing gambling advertisements. ACMA made this statement after the streaming platform broadcast betting commercials. Media Watch discovered ESPN sports programs on Disney+ might bypass gambling advertisement restrictions. The investigation revealed potential regulatory violations.

Linton Besser explained the situation during his program. Disney+ has 3.3 million Australian subscribers who watch the service. The platform broadcasts gambling advertisements that television networks cannot show during daytime hours. ESPN operated exclusively through Foxtel and Fetch until March 2024. Regulators exempted ESPN from daytime gambling advertisement bans. The exemption existed because ESPN maintained a low audience share.

Disney Defends Regulatory Exemption through Simulcasting

ESPN became available on Disney+ starting in March 2024. Besser stated Disney claims exemption rights through simulcasting. The company argues that ESPN feed rebroadcasting should receive identical regulatory treatment. Disney+ representatives responded to ABC inquiries about the matter. They stated advertising on ESPN channels follows all regulations and codes. The spokesperson mentioned Disney+ provides parental controls for managing viewing preferences.

ACMA launched an investigation into regulatory compliance issues. The regulator explained that exemptions exist in the Broadcasting Services Act. Streaming services receive exemptions when providing identical content streams. These streams must match subscription television broadcasting service transmissions under proper licenses. ACMA created this exemption to prevent duplicate regulations. Content providers should follow one set of rules when delivering programs through different methods.

Exemptions for Low Audience Share Channels Explained

Broadcasting rules contain exemptions for Low Audience Share Channels. Sport Channels qualify when maintaining metropolitan broadcast television audience shares below 0.5%. This measurement covers three consecutive financial years of viewership data. Foxtel’s ESPN previously qualified as a low audience share channel. ACMA stated concerns about Disney+ practices require immediate attention. The regulator requested additional information from Disney+ about their operations. ACMA wants to determine if practices meet community expectations beyond rule interpretations.

ASTRA representatives commented on member obligations regarding wagering advertisements. Members treat transmission requirements for betting commercials with extreme importance. Channel providers work continuously to ensure regulatory framework compliance.