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GREF
POSITION STATEMENT ON GAMBLING ON THE INTERNET
1. The Gaming Regulators
European Forum consists of representatives from gaming regulatory organisations
throughout Europe. Its two main objects as stated in its constitution
are:
- to provide a forum in
which European gaming regulators can meet, exchange views and information
and discuss policy on gaming matters; and
- on special occasions and with the agreement of members represent
the different views of European gaming regulators and also provide a
central point of contact for enquiries directed at them from authorities
or related organisations in Europe and elsewhere.
At its meeting in Helsinki
in May 1998, the Forum agreed this position statement on Internet gambling.
As an association of experts in gambling regulation, it offers the statement
as a set of recommendations of good practice for the consideration of
the appropriate regulatory bodies and Governments of individual member
countries, whether at national or autonomous regional level. It acknowledges
that the countries will wish to consider, and if necessary adapt, the
statement in the light of their particular legal, social, cultural and
economic circumstances.
2. The Gaming Regulators European Forum regards the regulation
of gambling (that is gaming, betting and lotteries) as a matter for the
competence and jurisdiction of individual countries, in the light of their
particular social, cultural and economic conditions. It therefore follows
that it is a matter for individual Governments, either at national or
at autonomous regional level, whether or not they wish to permit any forms
of gambling to be offered on the Internet in their territories and, if
they do, under what circumstances or conditions particular forms of gambling
are to be allowed. Any such decisions should be respected by other jurisdictions.
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3. If a jurisdiction is to permit forms of gambling to be offered
on the Internet, the members of GREF regard it as important that:
(i) those to be permitted
to offer such forms of gambling should be subject to the same level
of investigation and probity and other checks as is applied to traditional,
terrestrial gambling operators.
(ii) those so licensed should be required to establish their operation
in the territory of the jurisdiction concerned so that the operation
can be properly controlled an policed.
(iii) the gambling so offered should be restricted to residents of the
jurisdiction concerned and residents of such other jurisdictions with
whom there are co-operative or reciprocal arrangements.
4. As a matter of
good practice, those permitting such gambling should also address such
issues as:
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the methods to be used to ensure that such operations are fairly conducted
and the players are fully aware of the rules that apply.
- the methods of ensuring that such operations are not used as a means
also of conducting any illegal activities, in particular for money laundering.
- the permitted arrangements for paying for wagers on the gambling offered,
including restrictions on the granting of credit.
- the methods of protecting and guaranteeing the funds deposited and
the monies won by the players.
- the means of ensuring that no players are under the legally permitted
age for the appropriate form of gambling in the jurisdiction concerned.
- the means and level of protection to be offered to compulsive gamblers
and others who have difficulty in controlling their gambling.
- the controls to be placed on advertising, particularly in respect
of jurisdictions which do not permit such gambling or do not welcome
such advertising.
- the methods to be used to protect the privacy of the players and the
confidentiality of the information provided by them.
- the methods to be used to ensure data protection and security of transmission.
- the methods to be used to ensure that tests and checks are conducted
regarding the randomness of the games and, including EDP-audits, regarding
the electronic gaming systems used by the operators
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5.
In considering whether to permit gambling operations on the Internet, it
may be necessary to distinguish between those who simply seek to offer an
alternative means of access to existing permitted terrestrial gambling products
and those wishing to establish separate, new forms of gambling opportunities.
In either case, consideration of the types of issue raised above is likely
to be needed.
6. If a jurisdiction wishes to prohibit cross-border gambling on
the Internet for its residents, and consequently wants to prevent the import
of such gambling, it will probably need to do so by means of legislation
preventing service providers from transmitting the offer of such facilities,
rather than by means of prohibitions on individual residents of those jurisdictions
from taking up such facilities. In support of this, consideration should
be given to the possibility of requiring licensed Internet gambling operators
to include in the contracts with their service providers a condition that
the latter will prevent access to addresses of foreign (illegal) operators
of Internet gambling in so far as the service providers can be expected
to have notice of those addresses.
As adopted at the Annual Meeting in Helsinki on 15 May 1998. The meeting
at Helsinki was attended by regulators from 15 countries (Denmark, Estonia,
Finland, Germany, Great Britain, Hungary, Ireland, the Netherlands, Norway,
Poland, Portugal, Slovenia, Spain, Sweden and Switzerland). |