West Australian Government Media Censorship Policy

[Neil]

Did you know that a well known racing publication recently received a letter from the Western Australian Department of Racing, Gaming and Liquor?

That well known racing publication was told that they had an advertisement for an internet site which then had a link to a gambling service provider not licensed in Western Australia.

Furthermore, that well known racing publication was told not to distribute in West Australia publications which contained advertising for gambling service providers who were not licensed in Western Australia, nor were they to distribute in Western Australia publications which contained links to websites which then linked to a gambling service provider not licensed in Western Australia.

We are one country. Maybe the Western Australian Government does not think so (the State did want to secede many years ago.)

Does a state government have the right to legislate whatever it so desires in order to protect businesses operating in its state from any competitor businesses based in another state?

Does a state government have the right to censor and forbid its citizens to read advertising by businesses legally licensed to operate and to advertise by another state?

Does a state government have the right to forbid a newspaper or magazine from being distributed in its state under threat of financial penalty because the newspaper or magazine has published advertising by businesses legally licensed to operate and to advertise by another state?

Are any of those actions in breach of our constitution which permits free trade between the states?

When will governments only govern where it is needed instead of relying on legislation made in the 1980s to unnecessarily nanny and censor their citizens in the 21st. century?

[fast eddy]

I may be way off the mark and not being an Australian legislative guru I would have thought this to be a breach of the Fair Trading Act, if you have such legislation? Presume you do (in a different guise?)? What the WA Department of Racing, Gaming and Liquor is effectively doing is creating a monopoly to ensure only monies derived from gaming, etc start and finish in WA?

Seems like an Orwell story. I think WA (and other states) may need a small legislative update. How will they handle Betfair and other exchanges?

[fast eddy]

Neil, et al further to my previous post:

I don’t know if you have read the following report, Cross-Border Betting Taskforce, but the link will take you there if you want. I have briefly summarized what I think are the main points. http://www.racing.sa.gov.au/documents/CBBTVolume2.pdf Quote: “This Report was prepared by a task force of government officers and racing industry representatives from the eight Australian States and Territories.

The Report was received and noted by the Australasian Racing Ministers’
Conference at its meeting on 1 November 2002. The Conference directed that further work be undertaken in consultation with the national peak bodies of the three codes of racing.

As at 16 October 2003, the contents of the Report have not been endorsed by the
Conference. As such, it is not purported that the Report necessarily represents the views of the Conference or individual Racing Ministers.”

Okay. Appendix A3 p. 85 covers the WA legislation, which isn’t quite as “anal” as Queensland’s but close.

It would appear WA Dept of Racing, Gaming and Liquor are trying to implement, if they haven’t done so, Appendix A5 pp. 87-88 Cross-Border Advertising Provisions. WA currently uses the Police Act 1892, sections 84A, 84G and 84H. Me thinks it needs to be revised. 1892 was like the dark ages.

A5.1 (Overview) covers “Possible objectives for legislation” prohibiting advertising in the jurisdiction by wagering operators not licensed there.

A5.2 Indicates which states have current legislation on advertising by interstate wagering operators.

Last paragraph, “Advertising by racing bookmakers, totalisators and tipsters is governed by the general law applying to business activities [ie the Fair Trading Act 1980 (Qld), the Trade Practices Act 1974 (Com), the Interactive Gambling Act 1988 (Qld)].”

Appendix B8 p. 184 National Guidelines for Responsible Wagering Practices, section 6 outlines “advertising and promotion” to ensure it “is conducted in a responsible manner”, e.g. “Advertising is not deceptive, false or misleading, particularly with respect to winning”

Anyway, it appears that WA Dept of Racing, Gaming and Liquor’s aggressive stance contravenes section 92, National Competition Policy. Section 92 “protects free trade between the States.”

[bwheatle]

Somewhat interestingly, I've never heard of a case where either the WA or NSW Govt has taken action against anyone for using Betfair or any other betting exchange. They must have very well Orwellian behaved Citizens in those states. Or perhaps it's because they know they could never win such action if instigated? And, the consequences of losing? Too horrendous to think about - opening the floodgate to awful consequences for the local racing industry. Who are these guys and their respective racing ministers trying to kid? Who's pockets are they in?

[zeditave]

Exactly the same as what happens in NSW. WA can't think of their own policies, so they're riding on the back of the ....
Of course, NSW can publish any sort of garbage with locally-licensed wagering operators and send it around the entire nation and nobody cares - but if an interstate publication sends something to NSW....

BestBets have two editions - one for NSW, and one for the people in states where the govt doesn't have their head squarely and firmly up their own .......

<font size=-1>[ This Message was edited by: Moderator 3 on 2004-11-15 23:39 ]</font>

[zeditave]

bwheatle - correct, and if the NSW DGR haven't taken anyone to court over it by now, they never will.

That law was set up just before the NSW TAB was privatised, and when No.1 Betting Shop was at its peak in Vanuatu. Number One employed two QCs and got a punter to walk into a police station with transcripts, tape recordings, the works..... and they refused to prosecute him.

It's purely smoke & mirrors, and odds-on it would fall down in court if tested.

[zeditave]

Direct ads fair enough, but links?

So they're going to block the Foxsports.news.com.au site in WA are they??

[bwheatle]

Actually, what if you were to be the first person to be prosecuted under these Orwellian Laws?

Your Crime: You committed the henious offence of accepting odds of 4/1 rather than the 3/1 offered by the TAB.

You committed the crime of looking for value for yourself, rather than value for the STATE.

Didn't work in Russia. Hasn't worked anywhere else, and never will work.

Can't imagine any Judge in this Country giving you anything more than a wrap on the knuckles. But, the Current Affairs would likely give you $100,000 for your story. Bring it on!!!!!!!!