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UK Gambling Act 2005 and Gambling Commision Rules and Reports
The situation of online gamblin in UK it's almost different of each other counties. We want remark the section of "Remote Gambling" found on "UK Gambling Commision Annual Report 2005 -2006"
Remote gambling
1.9 As mentioned above, under the Gambling Act
2005, British based operators will be allowed to offer
all types of remote gambling, whether via the internet,
interactive television or any other media, within an
effective system of licensing and regulation under
the control of the Gambling Commission. Meanwhile,
however, until the Act comes into effect in September
2007, the current unsatisfactory situation remains. Hence, no online casino gaming site can currently
be lawfully established in the United Kingdom although
residents of the United Kingdom are free to play on
overseas sites, and those sites can accept bets from
here without breaking any British laws. In contrast,
betting sites can be located in Great Britain, where
they are currently subject to no central regulation.
1.10 As part of its work in monitoring remote gambling,
the Commission includes a number of questions in a
quarterly omnibus survey conducted by Independent
Communications and Marketing Research Ltd (ICM).
Between 2000 and 2006, the percentage of adults in
those surveys who reported having gambled via the
internet in the previous month rose from just under
1% to just over 2%. By comparison, over a similar period,
home access to the internet rose from a third to over
a half of all households. In terms of gambling activity,
just under 1% stated that they had placed bets whilst
around 0.75% had played casino type games.
1.11 The Commission continues to deal with numbers
of enquiries about remote gambling, in particular in
respect of the extent to which operations or aspects of
operations may be based in Britain. Often the issues are
far from straightforward: in particular gaming via digital
television raises complex issues about where and by
whom the gaming is being organised and managed.
As reported last year, Sky TV had prepared and
agreed with the Commission a code for the guidance
of those operating on its satellite broadcasting platform
who wish to offer gaming products. During the year,
Sky produced an updated policy to reflect both
developments in services offered interactively and
the growing need to cover all forms of gambling and
not simply gaming and fixed odds games. The revised
policy was agreed with the Commission and published
on 27 April 2006.
1.12 The question of the extent to which offshore
online casino and other gaming sites may be
advertised here has raised further problems. The
(pre-Gambling Act 2005) legislation does not ban
such advertising but strictly limits its content. In brief,
advertisements giving simple details of the existence
of internet casinos and the facilities they offer are legal
but those which encourage the public to subscribe
money or even to apply for information about facilities
for subscribing money are not – a distinction which
is in practice not always clear. During the year, the
Commission and DCMS became increasingly concerned
that the advertisements being published by certain
foreign-based internet gambling companies clearly
went beyond what is permitted. After various informal
attempts to control the flow of such advertising had
failed, the Commission and DCMS issued formal joint
guidance in March 2006 to advertisers, publishers
and remote gaming operators on what is and is not
permitted under current legislation. The guidance also
made clear that the Government would work with the
Commission to refer cases to the Crown Prosecution
Service where it was considered that advertisements
were in breach of the legislation. A copy of the
guidance is available on the Gambling Commission’s
website (www.gamblingcommission.gov.uk).
Key Point for Remote Gamblin in UK
Protecting children and vulnerable people
- Because of the importance attached by the Commission to problem
gambling, code provisions related to this issue have been given the
force of conditions and are therefore mandatory.
- Remote gambling operators must have published policies and
procedures for promoting socially responsible gambling. These must
include how they will contribute to research into the prevention and
treatment of problem gambling, to education of the public on the risks of
gambling and how to gamble safely, and to the identification of problem
gamblers and their treatment.
- Remote gambling operators must provide clear information in a
prominent place about responsible gambling and help available to
problem gamblers. Online operators should have this accessible from
their home and log-in pages, for instance, while others such as mobile
phone operators may send this information to their customers when they
register.
- Remote gambling operators must train employees about possible
problem gambling and how to identify it. They must have procedures in
place for approaching customers sensitively if necessary.
- Customers must be able to exclude themselves if they feel they have a
problem. This should be by contacting customer services and also,
where technology permits, by going through an automated process,
perhaps on a website. The self-exclusion period should be for at least
six months and should be able to be extended to at least five years.
- Advertising must comply with the advertising codes of practice. This will
bar advertisers from encouraging irresponsible or excessive
gambling; from seeking to harm or exploit children, the young, or other
vulnerable persons; from directing advertisements at those under 18;
and from featuring people who seem to be under 25
- Online operators must make sure that customers are aware of how
much time and money they have spent on their sites
- Remote gambling operators must use the best publicly available
information for age verification purposes from whichever country the
customer is from. They should also carry out random credit card checks
to verify age, and make available filtering software to allow adults to
block access by children and young people.
- Online operators must regularly review their age verification systems to
ensure that they are keeping pace with technological advances.
- Each customer must only be allowed to register up to two credit cards
and must be able put a limit on their gambling.
- For telephone gambling a customer who has previously opened an
account and had their age verified can gamble over the telephone but a
new customer must undergo checks before being allowed to gamble. On
mobile phone gambling, including by text message, the handset should
not be allowed to access gambling until age checks have been
completed. For interactive television gambling, access must require the
entry of a security code that is only allocated to customers over the age
of 18.
- Remote operators must not make their products specifically attractive to
children and young people.
Making sure remote gambling is fair and open
- Operators must provide clear information about their rules, odds, house
edge, average return to player and disputes and complaints procedures.
- Operators must keep records of complaints and disputes and provide
them to the Gambling Commission quarterly and on request.
Keeping crime out of remote gambling
- Key staff, including managing directors, and directors of finance,
compliance and marketing, will need to be licensed by the Commission.
The application process for licences is an important stage in the process
of keeping crime out of gambling and making sure that operations are in
the hands of those suitable and competent to conduct them.
- Procedures must be in place to ensure that operators meet their legal
and other responsibilities in respect of the fight against money
laundering.
- Operators must give the Commission full and unrestricted access to any
information it requires about gambling facilities and activities.
Financial robustness
- Online operators must provide evidence of adequate financing and they
must ensure that customers’ funds are legally ringfenced and available
for immediate withdrawal.
- Operators must notify the Commission of any changes in the required
arrangements for providing sufficient liquidity.
Bills, Act and Regulation of Gambling and Internet Online Gambling in UK
Click on the following links to have full access to bills and documents about the UK Gambling Act of 2005 and other internet online gambling and betting regulations
1) Gambling Act 2005 - Chapter 19 - (PDF Document)
2) Gambling Act 2005 - Chapter 19 - Explanatory Notes - (PDF Document)
3) The Remote Gaming Forum - London, 29 June 2005 - The Effects of The Gambling Act 2005 - Speech by Peter Dean, Chaiman, Gaming Board for Great Britain (PDF Document)
4) ADVERTISING BY REMOTE GAMING OPERATORS - The application of section 42(1)(c) of the Gaming Act 1968
to the remote gaming industry
Joint Guidance by the Department for Culture, Media and Sport and the
Gambling Commission
5) Gambling Commission Annual Report 2005 - 2006 (PDF Document) |