| |
Gambling Guru is aware that legal issues of the gaming industry are topics which interest
a great deal of participants of the industry. We are, therefore, proud to provide you the following information.
Please make note that the text below is only a general overview of certain markets, if you wish to obtain
further information regarding this subject do not hesitate to contact us and we will provide more specific
details regarding the market you wish to promote.
Legal or note
In most regions of the globe, there are no present laws that forbid online gaming.
The law is still a long way behind the technology and issues applying to online gambling.
This mismatch can occasionally create some confusion. Some members of government approve the fact that
online gaming is growing, others believe that they deserve a piece of the pie. What is apparent though,
is that there is very little drafted specifically to deal with online gambling, whether positive or negative,
and the application of the laws that do exist is known to be problematic.
Australia
Australia is one of the few countries in the world to have already enacted legislation designed
specifically for online gambling. On 28 June 2000 the Interactive Gambling Bill became law.
The legislation sites: “It is illegal for any interactive gambling service provider based outside
Australia (including online casinos, sports books, race betting sites, lotteries etc) to offer its product
to Australian residents. " it is illegal for any Australian based online casino to offer its product to:
1. Australian residents.
2. Residents of any country around the world that chooses to opt in on the Australian Government's restriction.
"it is illegal to advertise any interactive gambling service on any medium within Australia (including 'Australian' web sites).
"it is legal for Australian licensed online sports books, race betting and lottery sites to offer their product to
Australian and international customers; It is clear that the legislation is aimed at the casino/sports book
operators and not players. The Australian Government has been working towards implementing this.
US State Gambling Laws
Until not long ago gambling laws were left to the decision of each state and their legislatures,
allowing them to decide what to legalize according to their attitude towards gambling.
This led to the reality of gambling being completely band in some states, such as Utah where any
form of gambling is illegal, and on the other hand having gambling as a legal form of business in
other places such as Nevada. Existing Federal Laws Quite a recent step was to pass laws concerning
gambling in order to deal with inconsistencies in State based gambling laws, especially as they applied to
interstate commerce. However, these federal laws were passed before Internet gambling expanded into a business
requiring separate legislation. Some of the federal laws concerning gambling can be implied also to web based
gambling. The main one is the wire wager act. Looking at the following quote it is easy to understand
why whether this law applies to Internet gambling or not is so strongly debated. "...Whoever knowingly uses a
wire communication facility for the transmission in interstate or foreign commerce of bets or wagers or
information assisting in the placing of bets or wagers on any sporting event or contest…will be fined or
imprisoned for no more than two years…" Two schools of thought exist when it comes to whether this law
can be regarded as relevant to Internet gambling or not. The two main arguments as to why this law can
not be applied to Internet gambling are as follows:
1. Since the law uses the term "wire communication facility" and Internet is a wireless form of communication
the rule cannot be applied to web based gambling.
2. Second is that the law speaks specifically of "sporting event"
and so all other games of chance such as cards aren't part of this law.
The debate on this subject is passionate but no conclusion has yet to be presented and
since no other laws on this matter exist that can shed light on the subject the argument will
probably stay unresolved.
Although US Government tried to pass laws dealing exclusively with online gambling,
they have been unsuccessful. Separate Bills sponsored by Sen. Kyle and Rep. Goodlatte,
which both attempted to forbid online gambling failed to attract the required 2/3 majority
Senate vote required to become law. Also today the only laws we have to refer to when dealing
with Internet gambling are the existing federal laws of gambling. Even if the wire act can be applied,
bringing a person to trial would be almost an impossible mission because of the nature of web based gambling.
The fact that the recent Leach Bill failed to pass in Senate was also a significant indication.
The “Leach Bill”-H.R. 556, which would have outlawed payments to Internet Casinos in hopes of choking
offshore gambling sites who promote to U.S. based customers, has failed to pass in the Senate.
Many in the industry feared that after the damning GAO report tying the online gambling industry to money
laundering activities, this bill would be emphasized. The Senate has expressed that it has no plans to consider
this bill. (Source: Paul, Leach bill fails to pass in senate, OnlineCasinoNews.com, October 23, 2002)
The UK
The following review of the current legal situation with relevance to Internet gambling in the UK is
extracted by an article of the Gaming Board of Great Britain. "British gambling legislation is a
quarter of a century old and was conceived at a time when the power of the Internet could not have been
imagined.
These mentioned laws do not allow bets by phone. However, nothing mentions placing or accepting bets by e-mail.
Casinos, bingo and gaming machines can only take place on licensed and registered premises.
The only persons taking part in the gaming must be on the premises at the time when the gaming takes place.
Hence an operator who wished to offer such Internet gaming here could obtain no license and to set up such a
site would be illegal. The Board has stated that it would seek to take action against anyone who did so.
The position with lotteries is more complicated. Tickets for lotteries can be sold almost anywhere other than
in the street. They can be sold for instance at people's homes including over the telephone. But they cannot be
sold by means of a machine. The Board's view is that a lottery run entirely by computer via the Internet
amounts to selling tickets by means of a machine and it has refused to authorize such lotteries.
However, lottery-managing companies with proposals to use the Internet to run lotteries in much the same
way as someone might use the telephone have approached the Board. With these, the Internet is simply used as
a means of communication by which one person offers another a lottery ticket and that second person agrees to buy.
Two such proposals have been approved. There is nothing in the legislation, which makes it illegal, or seeks to
prevent, British residents gambling on the Internet from their own homes. The position in respect of public
places such as Internet cafes is less clear and more difficult. Overseas gambling operations are subject to
restrictions on the extent to which they can advertise here. In the case of casino and similar gaming, this
does not amount to a total ban but prevents advertisements which, to paraphrase, invite the public to
subscribe money or to apply for information about facilities for subscribing money. Some Internet casino
operators have begun to advertise within these constraints. Added complications arise because the whole
question of what constitutes an advertisement on the Internet, and then what can or cannot be done if it is,
remains far from clear. " Although the above summary represents the law as it currently stands in the UK, it
should be noted that moves are taking place to initiate legislation dealing specifically with online gambling.
*Last updated on December 16, 2003.
|
|