Introduction 1. As more jurisdictions introduce regulatory and licensing regimes for online gambling, it is important for the industry to be clear and consistent about the key areas that need to be addressed properly in those reforms. 2. The purpose of this publication is (i) to provide some generic background information about the industry; and (ii) a high level indication for regulators and governments of what the industry would want and expect to be permitted and regulated in each jurisdiction. 3. The key objectives set out here, if met, would create an online gambling market that is: • fair and competitive; • protects the young and vulnerable; • crime-free; and • attractive to consumers because it provides the right level of value and choice for them. 4. The key regulatory objectives are also compliant with, and in the spirit of, EU Law, particularly those relating to the single market principles, but they are equally valid for any jurisdiction around the world. 5. All of the issues merit further consideration and the RGA would expect to be able to drill down into the detail of each with the appropriate authorities in each jurisdiction, where it might be necessary to tailor solutions to the specific circumstances of the country in question. 6. An appropriate fiscal regime is clearly fundamental for the viability of the industry. As with regulation, it is fully appreciated that identifying and implementing the right tax structures and mechanisms can present very real challenges for governments. However, any jurisdiction that genuinely wants to establish and maintain a successful overall regime would be wise to co-ordinate closely its policies on regulation and taxation. 7. It is to be hoped that this publication can assist them and other interested parties to achieve that goal by enhancing their understanding of what, for many of them, will be a relatively new sector to regulate and engage with. Issues 8. There are overlaps between various regulatory issues but, for ease of reference, this document has sought to group as many of them as possible below under appropriate headings. It then goes on to consider essential taxation issues before providing headline information about the different core parts of the online gambling industry. Legislation 9. Technological developments will play a large part in shaping the future of the gambling industry and they have the ability to create both opportunities and problems if not adequately legislated for. For instance, it can easily prove difficult for legislation to keep pace with these changes and therefore legislation should be used to create a regulatory framework rather than to provide detailed regulation. Subject to sensible checks and balances, that should be the role of a statutory regulator. 10. The legislation should provide for a system which: • does not unfairly discriminate against different sectors, or between companies already based in the country and those who are looking to enter the market from outside (for example, there should be no so-called blackout periods which disadvantage existing operators who for the first time are being provided with an opportunity to obtain a licence in a jurisdiction which is introducing a regulatory regime for the first time); • does not place a limitation on the number of licences available (in other words, everyone that meets the required regulatory standards should be able to obtain a licence); • All forms of current and future delivery and communications systems should be allowed for (eg not just via computer, but also by mobile platforms, interactive television etc); and • it should not prevent cross border trade and the pooling of consumers for liquidity (ie P2P products, pool betting, poker etc)
Posted on: Mon, 26 Jan 2015 06:15:50 +0000
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