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Online Gambling Lawyer

Volume: 13 Issue: 9
(September 2014)


News

The Singapore government introduced on 8 September a draft remote gambling bill, which would prohibit remote gambling in Singapore for foreign operators and Singapore-based operators, the latter of which may be able to apply for and be granted an exemption certificate. / read more

The Christie Administration took action to allow sports wagering in New Jersey (NJ) on 8 September with the issuance by the Attorney General of a Law Enforcement Directive that exempts from criminal liability the operation of sports pools by casinos and racetracks, as well as a motion filed in the federal court on behalf of Governor Christie asking for clarification of the 2013 injunction and Third Circuit decision that NJ can remove prohibitions in order to enable sports wagering as described in the Directive. / read more

The UK Government published on 27 August a consultation on whether the existing horseracing levy, currently paid by UK-based horseracing bookmakers, should be reformed, or replaced by a ‘bespoke statutory framework underpinned by commercial agreements between Betting and Racing.’ This follows June’s consultation on extending the levy to offshore operators. / read more


Features

In 2012, India’s Madras High Court held that playing rummy for stakes is a criminal offence under the Madras Police Act 1888, in a case brought against the Mahalakshmi Cultural Association. The Association has now filed an appeal against this decision, to be heard by the Supreme Court of India. In its appeal, the Association draws upon Section 49 of the Madras Police Act - which provides an exemption for ‘games of mere skill’ - along with findings made by the Supreme Court almost 50 years ago, in which the Supreme Court noted that rummy involves a substantial amount of skill, in its attempt to convince the Supreme Court that the game of rummy should be deemed wholly legal, even when played for stakes. Sajai Singh and Yajas Arvind Setlur of J. Sagar Associates discuss the appeal and what a decision in the Association’s favour could mean for the future of gambling in India. / read more

Dr Andreas Glarner and Noemi Valloni of MME Partners, Switzerland, examine the responses to the Swiss Federal Council’s draft gambling law. The consultation period, which ran until 20 August, garnered over 1,500 responses both in support of and proposing objections to the proposals put forward by Switzerland’s new draft gambling law. / read more

Although no amendment has taken place of the famous Article 45 par. 3 of the Greek Gaming Law 4002/2011 regarding the licensing of online gaming operators, which states that licences shall be provided via an international public tender, the Greek Gaming market has been led, this time, to the establishment of an OPAP quasi-monopoly. With the renewal of OPAP’s land based gambling monopoly until 2020 and its eventual extension until 2030, in combination with par. 8 of Article 54 of the Greek Gaming Law, which proclaims that ‘the dispositions of the present law do not affect the dispositions related to OPAP SA,’ the gaming landscape in Greece has become extremely blurry. On the one hand we have 24 online gaming providers that have opted in to a ‘transitional period’ alongside the opportunity to them and other EU and international stakeholders to participate in an international bid for the provision of licences that has not come to fruition. On the other hand we have OPAP’s exclusive right for the provision of gaming services which has been extended to online gaming based on the convention between OPAP and the Greek State offering a monopoly to OPAP for the provision of gaming services by whatever means. By Krystallia M. Iatridou, Attorney at Law at Karageogiou & Associates. / read more

On 31 July the Crimes (Match-fixing) Amendment Bill had its first reading in the New Zealand Parliament. Maria Clarke, Principal of specialist sports law firm, Maria Clarke Lawyers, explains the reasons for the Bill, its key provisions and how it forms part of a broader match fixing policy framework for sport in New Zealand. / read more

Under early versions of New Jersey’s then proposed online gambling regulations, ‘marketing affiliates’ were included in the list of entities required to obtain an Ancillary Casino Service Industry Enterprise (‘Ancillary CSIE’) licence. However, this requirement did not appear in the state’s final regulations, leading to some marketing affiliates applying for the Ancillary CSIE licence, while others registered as vendors. In June, the New Jersey Division of Gaming Enforcement released revised marketing affiliate guidelines to bring clarity to the issue of when a marketing affiliate must obtain Ancillary CSIE licensure and when it can simply register as a vendor, as Sarah Koch of Ifrah Law explains. / read more

Nicholas Ktenas of Andreas Neocleous & Co LLC discusses developments in the Cypriot gambling sector since the Betting Law’s passing in 2012, including proposed amendments to the Law. / read more

The online gambling market in Spain is finally experiencing the approval of a wider offering of games and the upcoming new call for public tender in order to apply for gaming licences. The extension of the offering of games has been demanded by the industry practically since the beginning of the legal market. Also, the industry has increasingly demanded a new call for public tender, since in Spain it is only possible to obtain gaming licences through the publication of a public call. By Alla Serebrianskaia at Asensi Abogados. / read more

The Latvian government introduced in August a new regulation enabling Latvia’s lotteries and gambling regulator to request that domain registry holders and internet providers block Latvian user access to gambling websites found to be offering illegally into Latvia. Valters Gencs of Gencs Valters Law Firm explains how the regulation works and its expected impact on the Latvian online gambling sector, as well as outlining other recent developments in the Latvian market. / read more


About Online Gambling Lawyer

The monthly publication exploring legal issues affecting operators in online gambling and gaming, on a global basis. Topics covered included licensing, offshore operators, mobile gaming, gambling payments, fixture lists and database rights, online poker, social gaming and gambling, online liquidity, advertising, sports betting, in-play betting, eSports, fantasy sports (DFS), Bitcoin gambling, and gambling fraud, as well as in-depth discussion of legislation such as the Fourth Anti-Money Laundering Directive and the US Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA)... / read more

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