Is It Illegal To Have Gambling Comment Spam In Australia?

from the just-wondering... dept

With the recent GEICO/Google ruling there are plenty of ongoing arguments about who should be responsible for the content of web ads. It’s not hard to see how that can become quite the slippery slope. Down in Australia, for example, it appears that the law says that any site that advertises gambling links is breaking the law, if the site is primarily viewed by Australians. The article here focuses on how Google Australia is likely breaking that law, but it still doesn’t address the question of why Google should be responsible for these ads when they have an open system for creating the ads. In fact, from the sound of this, an Australian blog that gets gambling comment spam would also be guilty of breaking this law. Shouldn’t the responsibility go to the company or individual that’s actually doing the advertising or spamming?


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Comments on “Is It Illegal To Have Gambling Comment Spam In Australia?”

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5 Comments
Derek Bever says:

Jurisdiction...

The trouble with enforcing laws on the internet that are specific to a country is that it’s impossible for someone to actually have jurisdiction unless the site is hosted in that country.

So either we make it illegal for australians to view the ads, thus placing the blame on the people, we make it illegal for a website whose traffic is primarily australian to display the ads, placing the blame on the people, or go after those doing the advertising, which is still a little out there considering they don’t hand-place the ads.

Basically, it’s a stupid law.

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