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Online Gambling Lawyer

Volume: 15 Issue: 10
(October 2016)


News

The Times newspaper reported on 7 October 2016 that the UK Government is considering plans to ban all gambling product advertisements on TV before the 9pm watershed, according to anonymous Government sources which suggested that the ban would be included in a Government review of fixed-odds betting terminals, which could begin this autumn. / read more

Two men appeared at Birmingham Magistrates’ Court on 16 September 2016 charged with alleged offences under the Gambling Act 2005, in what is likely the first criminal prosecution case in relation to video game gambling. Dylan Rigby and Craig Douglas have been charged following a Gambling Commission (‘GC’) investigation into the defendants’ involvement with YouTube channel FutGalaxy. Both men have been charged with advertising unlawful gambling; Rigby has been charged with providing facilities for gambling while Douglas has been charged with inviting children to gamble. / read more

Singapore’s Ministry of Home Affairs (‘MHA’) declared on 28 September 2016 that Singaporean operators Singapore Pools (‘SP’) and Singapore Turf Club (‘STC’) will be able to launch legal remote gambling in Singapore, with both operators reportedly set to begin online offerings in November this year. / read more


Features

Alongside recent changes to the Licence Conditions and Codes of Practice (‘LCCP’) relating to anti-money laundering (‘AML’), the British Gambling Commission (‘GC’) published updated AML guidance for remote and non-remote casinos. David Clifton, Director at Clifton Davies Consultancy Ltd, outlines the major changes and suggests that betting operators might also want to adopt the controls set out in the guidance. / read more

Malta has taken the step to differentiate between fantasy sports - which are deemed a game of skill - from games of chance, by providing an exemption for fantasy sports games under the Maltese gambling regime in order for them to benefit from ‘light touch’ regulation. The proposal has been sent to the European Commission for approval. Bas Jongmans, Gaming Attorney at Gaming Legal Group, sheds light on the exemption of pure games of skill under Maltese gambling law and the ambiguities inherent in effectively qualifying a pure game of skill, which could mean the proposed regime is ineffective. / read more

In this article, James Myles of consultancy Eta Delta discusses the details of the Advertising Standards Authority’s (‘ASA’) approach to enforcement against GB-licensed gambling operators. James looks at how there has been an increasing level of regulatory activity, and at what he perceives to be a growing impression that judgments are not correctly or wholly founded on the rules. / read more

In July 2016, the German states of Bavaria, Hamburg, Hesse and Rhineland-Palatinate announced that they will formally ‘tolerate’ sports betting operators for a limited period of time, subject to certain conditions. The Hessian Government has even indicated that the envisaged toleration period may extend to online casino operations. Some might now expect a new period of ‘tolerance’ by gambling regulators towards gambling companies in Germany. Dr Matthias Spitz, Partner and Jessica Maier, Gaming Attorney at Melchers Law suggest this will not be the case, and analyse the new approach taken in Hesse and the legal pitfalls surrounding this new period of so-called ‘tolerance.’ / read more

On 9 August 2016, the US Court of Appeals for the Third Circuit handed New Jersey another loss in its longstanding battle against the professional sports leagues, whereby New Jersey has sought to allow its casinos and racetracks to offer sports betting. The Professional and Amateur Sports Protection Act (‘PASPA’) 1992 prohibits a state from sponsoring, advertising, operating, promoting, licensing, or authorising by law sports betting. Only a few states - including Nevada - are covered by PASPA’s ‘grandfather clause’ that allows them to license and authorise sports betting. That law has long stood in the way of New Jersey (and other states). New Jersey initially lost this most recent battle before a three judge panel of the Court of Appeals - but there was a glimmer of hope when the Court granted New Jersey’s request to have the case reheard by all 12 judges of the Court. Despite this optimism, however, New Jersey again lost (on a 9-3 vote). Christopher L. Soriano Partner at Duane Morris LLP, provides the detail on what happened and what the options are from here. / read more

In-play betting has come under the regulatory radar of numerous jurisdictions, with notably different approaches now being taken. Melanie Ellis, Senior Associate at Harris Hagan, looks at the nature of in-play betting and the approach taken by regulators in Australia and the UK. / 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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