Liquor & Gaming NSW (L&GNSW) has issued a clear warning to gambling operators that social media influencers and affiliate marketing practices will be a key focus of regulatory enforcement in 2026. The message, issued through the regulator’s annual compliance priorities, underscores heightened scrutiny of how gambling products are promoted across digital platforms visible to the New South Wales community.
Influencers and Affiliate Partnerships Under Scrutiny
L&GNSW, the body responsible for monitoring wagering and gaming machine advertising in New South Wales, said it will closely examine operator practices involving both paid and unpaid promotional partnerships with influencers. Hospitality and Racing Deputy Secretary Tarek Barakat emphasised that operators remain fully accountable for marketing content shared on their behalf, including posts created by third‑party personalities. Barakat said:
We are putting gambling operators on notice that a key priority for us this year is examining their marketing and customer retention practices, including the use of social media personalities.
The regulator has identified several categories of influencer content that could attract scrutiny, including:
- Promotional posts that normalise betting behaviour or portray gambling as glamorous.
- Paid and unpaid affiliate arrangements with individuals or personalities.
- Use of platforms such as podcasts or social channels that reach large youth audiences or vulnerable groups.
L&GNSW said operator compliance teams must now ensure that all influencer posts and related websites demonstrably adhere to state advertising laws, including requirements that marketing not be false, misleading or suggest gambling as a means to financial gain.
Under the Betting & Racing Act 1998 (NSW), advertising that offers inducements to gamble or suggests guaranteed winning outcomes is prohibited. Individuals who breach these provisions, including influencers, can face fines of up to AU$11,000, while corporate entities may be fined up to AU$110,000.
Marketing Compliance and Player Protection
L&GNSW’s focus on influencer marketing aligns with broader industry trends emphasising responsible gambling advertising. Regulators globally are increasingly concerned about how digital marketing, particularly via social media and affiliate networks, can blur the lines between entertainment and promotion, potentially exposing at-risk audiences to persuasive messages that could increase gambling harm.
The emphasis on content creators and influencers also reflects a wider regulatory shift. In Europe, for example, authorities have already begun tightening restrictions on influencer-led promotions. The Dutch regulator recently expanded restrictions on gambling advertising through its role model ban, which now also targets influencers and public figures promoting gambling products.
The NSW regulator’s notice reinforces that operating in a digital market does not diminish an operator’s obligations. Barakat commented:
Gambling operators should be careful about any affiliate or partnership arrangements, as we are holding them responsible for the advertising of their products.
Broader 2026 Regulatory Agenda
While social media influencer practices are a clear priority, L&GNSW’s 2026 compliance agenda extends to several other areas, including:
- Barriers to closing gambling accounts and idiosyncratic loyalty or VIP programmes;
- Direct advertising practices by casinos and gaming venues;
- Casino governance and integrity;
- Alcohol‑related harm hotspots, especially where gambling and alcohol risks intersect.
By publishing these priorities, L&GNSW aims to give the industry an opportunity to proactively adjust or cease practices that might raise regulatory concerns before enforcement action is taken.
What Operators Must Do
Operators active in NSW must now review their influencer agreements, affiliate partnerships and content strategies to ensure compliance with existing advertising laws. This includes vetting not just paid promotions but also organic content posted by influencers, especially when it could reach young or vulnerable audiences.
As digital marketing continues to evolve, the regulator’s renewed focus signals an ongoing shift toward more robust oversight of online content and greater accountability for how gambling products are positioned to the public.
Beyond Australia, global regulators are also taking a firmer line on compliance. The Swedish regulator’s action to ban unlicensed operators serves as a reminder that enforcement can extend to anyone facilitating access or exposure to gambling products outside a licensed framework.