Tabcorp Holdings Limited (TAB) has been penalised $4,003,270 for sending more than 5700 marketing messages to customers of its VIP Programme that broke Australia’s spam laws.

An Australian Communications and Media Authority (ACMA) investigation found that TAB sent 2598 SMS and WhatsApp messages to VIP customers between 1 February and 1 May 2024 without providing an option to unsubscribe from the messages.

The ACMA also found that 3148 SMS and WhatsApp messages did not contain adequate sender information across the same period, and 11 SMS messages were sent without consent between 15 February and 29 April 2024.

Authority Member Samantha Yorke said the breaches were deeply concerning as they involved non-compliance by a large and established gambling provider that targeted VIP Programme customers.

“This is the first time the ACMA has investigated and found spam breaches in a gambling VIP program. These programs often involve personalised messages offering incentives such as bonus bets, deposit matching, rebates and offers of tickets to sporting and other events.

“The gambling industry needs to understand that spam laws apply to all direct marketing—whether it’s generic campaigns or personalised messages,” Ms Yorke said.

“VIPs should not be confused with gambling ‘high-rollers’. These types of gambling VIP programs can involve customers who are not well off and are experiencing significant losses,” Ms Yorke said.

“It is utterly unacceptable that TAB did not have adequate spam compliance systems in place.”

Under the Spam Act 2003, businesses must have consent before sending marketing messages. Messages sent with consent must also contain a working unsubscribe option and information about the sender.

“When people make choices to unsubscribe from a service they must be able to do so easily and their decisions must be respected by companies,” Ms Yorke said.

TAB has also entered into a 3-year court-enforceable undertaking. This includes an independent review of its direct marketing systems, making improvements, running quarterly audits of its VIP direct marketing, training staff and reporting to the ACMA regularly.

“The ACMA will be watching closely to ensure TAB meets its commitments and complies with the spam laws in future,” Ms Yorke said.

Cracking down on gambling safeguards and spam rules are current compliance priorities for the ACMA. Over the last 18 months businesses have been penalised over $16.9 million for spam breaches.

The UK Gambling Commission’s Sport Betting Intelligence Unit (SBIU) supported investigations into match-fixing and regulation breaches within the former British Basketball League (BBL).

The investigations were led by the International Basketball Federation (FIBA) and the British Basketball Federation (BBF) respectively.

Five former Surrey Scorchers players have received fines and sanctions ranging from 10-year bans to lifetime suspensions for manipulating match outcomes and failing to report corrupt activity during the 2022–23 season.

The FIBA led investigation, conducted in collaboration with the BFF, GB betting industry, and other partners, identified at least six compromised matches.

Two players, Quincy Taylor and Charleston Dobbs, were sanctioned by the BBF with lifetime bans and fines. FIBA extended these sanctions globally. Three additional players — Shakem Johnston, Padiet Wang, and Joshua McFolley — were also sanctioned by FIBA, with lifetime or long-term suspensions.

A further former player, Dean Wanliss, was fined and suspended for three years for betting on basketball matches between 2019-21. This investigation was led by the BFF in conjunction with FIBA, the Spanish Basketball Federation (FEB), the GB betting industry and the International Olympic Committee Monitoring Unit.

This case underscores the commitment of FIBA, the BBF, the Gambling Commission and other stakeholders to maintaining integrity in sport and enforcing a zero-tolerance policy towards betting-related corruption.