Former Tabcorp exec criticizes government for gambling ads

Charlotte Capewell

3 October 2025 at 7:22am UTC-4

Source: Shutterstock

Email, LinkedIn, and more

The former Chief Executive of Australian gambling entertainment group Tabcorp has called on the government to do more when it comes to restricting gambling advertising.

Elmer Funke Kupper voiced his concerns after the Australian Football League Grand Final on Sunday.

Article continues below ad

The game was the most-viewed program in Australia this year, with over four million viewers. According to Kupper, it included an “invasion” of betting promotions.

In an op-ed for The Australian Financial Review, Kupper wrote, “I was surprised to be confronted with several sports betting ads in the thirty minutes before the centre bounce. I thought that the AFL and the government had dealt with this and banned gambling advertising close to the games.”

The publication later asked Communications Minister Anika Wells about the delay in reforms. She said, “The work continues, it’s important work. I continue to talk to and engage with stakeholders about how we plot a path through to deliver some important reforms.”

Article continues below ad

However, Samantha Thomas, a public health professor at Deakin University, expressed concern about the government’s lack of consultation with industry groups, claiming that more time is given to those with “vested interests in gambling” rather than those in the industry who want to reduce gambling harm.

In August, Australian Prime Minister Anthony Albanese told ABC News that an outright ban on gambling ads would be difficult to enforce, arguing that sports and media groups might lose funding and people might turn to illegal alternatives.

Charlotte Capewell brings her passion for storytelling and expertise in writing, researching, and the gambling industry to every article she writes. Her specialties include the US gambling industry, regulator legislation, igaming, and more.

View Charlotte Capewell's bio and articles.

Locations:

Verticals:

Sports Betting

Sectors:

Topics:

Dig Deeper

The Backstory

Why the backlash intensified after the Grand Final

Australia’s long-running dispute over gambling promotions crystallized after the Australian Football League’s biggest stage. In an op-ed for the Australian Financial Review, former Tabcorp chief executive Elmer Funke Kupper argued that betting promotions “invaded” the AFL Grand Final broadcast and urged tougher curbs. His critique, published days after the match drew more than four million viewers, framed the game as a case study in regulatory drift and raised the political temperature. The commentary also sharpened questions for the government about stalled reforms. Communications Minister Anika Wells said the work on changes “continues,” but offered no firm timetable. Our coverage of Kupper’s push for tighter limits details the immediate fallout and the government’s response in the wake of the telecast’s ad load, which he said contradicted the public expectation that ads would be restricted close to play. Read more in our report, former Tabcorp exec criticizes government for gambling ads, and the broader context in the AFR op-ed calling out gambling ads during the Grand Final.

The Grand Final dust-up did not arise in a vacuum. A parliamentary inquiry led by the late Labor MP Peta Murphy recommended a phased ban on gambling ads, but the previous attempt to legislate stalled amid pushback from broadcasters, sports codes and bookmakers. Reform advocates say the status quo has let ad volumes creep higher around marquee events and across digital properties, which are less constrained than free-to-air television. Government officials counter that a sudden ban risks unintended consequences for sports and media finances and could drive bettors to illegal markets.

Players, parents and public health put Canberra on notice

The criticism has broadened beyond industry insiders. Australian cricketer Usman Khawaja said the government has been “100% too slow” to act and urged an immediate ban to shield children from the normalization of wagering. He cited seeing odds integrated into pregame coverage and said teenagers he plays with already hold betting accounts. Khawaja’s remarks followed meetings at Parliament House with crossbench MPs, doctors and public health experts, and added athlete clout to a debate that has largely centered on policy process. Our story, Khawaja criticizes delay on gambling ad ban, maps the coalition pressing for quicker action and a clearer path to delinking sports from wagering marketing.

Prime Minister Anthony Albanese has acknowledged the concern but has warned that an outright prohibition is hard to enforce, citing revenue risks for codes and networks and the possibility of displacement to illegal operators. He reiterated that position in August, as reported by the ABC. See the prime minister’s comments in this ABC News interview on gambling ad bans. Wells has since restarted talks with industry, and draft legislation is expected this year, but advocates say the window for meaningful action narrows as another summer of cricket and the next football season approaches.

Self-policing gaps exposed on the AFL’s own turf

Even before the Grand Final, questions mounted about self-regulation as betting brands shifted campaigns across channels. Sportsbet pulled some same-game multi promotions from free-to-air TV, then promoted expanded multi-bet products on the AFL’s website. The online placements did not break current rules, but they fueled criticism that voluntary restraint is not working. Read our report, Sportsbet faces scrutiny over multi-bet ads on AFL website, for how the move drew fire from MPs and public health researchers.

The episode also spotlighted incentives inside sport. The AFL receives a share of wagering revenue, with a larger take from same-game multis, according to previous reporting cited by advocates. That business model makes it harder to unwind the commercial link between game-day content and betting prompts. Reformers argue that closing TV loopholes does little if the same products are promoted via league channels and apps where younger fans spend more time. The signal from Sportsbet’s website rollout was clear: if rules tighten in one medium, marketing shifts to another unless bans are comprehensive.

Enforcement bites, but mostly at the edges

Regulators have taken action on narrower conduct, underscoring both the potential and limits of existing law. In March, the Australian Communications and Media Authority fined Tabcorp AU$4 million for sending more than 5,700 VIP marketing messages that did not include an unsubscribe option or adequate sender information. The case highlighted how “VIP” programs can sweep in customers at risk of harm, not just high rollers. ACMA also ordered an independent review of Tabcorp’s systems and training. See details in our coverage, ACMA fines Tabcorp for breaching spam laws, and the legal framework under the Spam Act 2003.

The watchdog fined PointsBet in May for breaches tied to spam and self-exclusion, signaling a broader push on compliance. Still, these cases target direct marketing and consent rather than the placement and saturation of gambling ads around sport. That gap has left campaigners arguing that enforcement wins are necessary but cannot substitute for clear national limits on when and where betting brands can advertise.

Lessons from abroad and the market’s next frontier

Other jurisdictions are testing the line between permissive advertising and public health guardrails. In Massachusetts, a state audit criticized regulators for not reviewing online sports betting ads before release during the crucial launch period. Auditors found instances of marketing sent to people younger than 21 and to individuals with gambling addictions, plus missing training records for casino staff tasked with helping at-risk patrons. The commission said it is adopting recommendations and hired an independent auditor, but public health groups called the lapses “deep concern.” The audit’s findings mirror Australia’s experience: high-velocity product rollouts can outpace oversight. See our report, audit criticizes Massachusetts Gaming Commission over betting ads.

Meanwhile, the boundary between sports wagering and financial-style betting products is blurring. Prediction market operator Kalshi has pushed into sports event contracts, positioning itself as a regulated exchange while drawing cease-and-desist letters from several U.S. states. The company recruited former American Gaming Association executive Sara Slane to lead corporate development, a sign of institutional ambition. While not directly tied to Australia’s ad regime, the trend shows how new products can slip through legacy classifications and complicate enforcement. Read more in our piece, Kalshi appoints former AGA exec Sara Slane.

The through line across these stories is momentum meeting resistance. Sports codes have grown dependent on wagering revenue, broadcasters on ad spend and operators on same-game products that keep fans engaged. Politicians face a choice: phase in comprehensive limits that reduce exposure for children and problem gamblers, or keep tightening at the edges and watch promotions migrate to new screens. The post-Grand Final outcry, amplified by athletes and health experts, suggests public patience is thinning. The legislative calendar will determine whether that pressure translates into binding rules before another season opens with odds on the screen.