Gambling Regulation Research Articles

Criminalization Analysis Of Gambling Crime In The District Court Of The Kudus And Policies That Will Come In Penal Code Reformation

The problem in this research are: 1) Criminal prosecution against perpetrators of the Gambling Crime in the Kudus District Court. 2) Analysis of the results verdict against Gambling Crime lawsuit in the District Court of the Kudus. 3) Policy gambling a criminal offense in the Criminal Code reforms to come.Based on the results of the study concluded that: the base of the sentencing process is any act, error, and criminal prosecution. The average charges for the Gambling Crime in the District Court of the Kudus is six (6) months to 1 (one) year, but the result of a prosecution is not equal to the verdict, the general judge handed down the verdict for the Gambling Crime in the District Court of the Kudus average four (4) months to seven (7) months. Viewed from the demands of the course judges are many considerations to decide a case because the trial judges take into consideration the facts and evidence which can relieve the perpetrator gambling. That the main task of a judge is not necessarily just dropped punishment to the offender only. But also think about the consequences of sentencing, as well as considering the impact effect of what will happen later after the imposition of the witness. Creating new regulations on the prohibition of local governments to grant licenses to interested parties regarding the organization of gambling regulations, although in article 303 refer to legalize gambling if there is permission from the competent government in accordance with the PPRI No.9 of 1981. Diction abolish multiple interpretations contained in Article 303 and 303 bus or in the Bill of Article 505 where about peberian permits authorized officials in acts legalize gambling. Make one article where criminal gambling is not only subject to imprisonment and a fine of course, but also deprived of their rights in the professionalism if the perpetrator of a criminal who works with the enhancement.Keywords: Punishment; Crime Actors; Gambling; Policy; Reform.

Murphy's Law: How Sports Gambling Legalization Can Have an International Impact

This Article discusses a history of gambling laws around the world and highlights the growth of the industry, particularly in regard to sports gambling. It goes on to address Antigua and Barbuda's World Trade Organization complaint against the United States for violating its commitments to the provision of gambling services. Since that dispute, the Supreme Court ruled in Murphy v. NCAA that Congress could not prohibit states from legalizing sports gambling. In the wake of Murphy v. NCAA, more countries will want to attract United States gamblers, and likewise, foreign gamblers will desire to enter the American gambling market. However, while sports gambling is now legal in many states, antiquated federal laws continue to prohibit the cross-border supply of gambling services. This Article shows that many countries have exemplified how regulation is more effective than prohibition, and it argues that the United States should remove remaining prohibitive laws and that the World Trade Organization should increase its role in gambling regulation to promote international uniformity and allow the gambling industry to achieve its full economic potential.

A mapping review of research on gambling harm in three regulatory environments

BackgroundHarmful gambling is a complex issue with diverse antecedents and resulting harms that have been studied from multiple disciplinary perspectives. Although previous bibliometric reviews of gambling studies have found a dominance of judgement and decision-making research, no bibliometric review has examined the concept of “harm” in the gambling literature, and little work has quantitatively assessed how gambling research priorities differ between countries.MethodsGuided by the Conceptual Framework of Harmful Gambling (CFHG), an internationally relevant framework of antecedents to harmful gambling, we conducted a bibliometric analysis focusing on research outputs from three countries with different gambling regulatory environments: Canada, Australia, and New Zealand. Using a Web of Science database search, 1424 articles published from 2008 to 2017 were retrieved that could be mapped to the eight CFHG factors. A subsample of articles (n = 171) containing the word “harm” in the title, abstract, or keywords was then drawn. Descriptive statistics were used to examine differences between countries and trends over time with regard to CFHG factor and harm focus.ResultsPsychological and biological factors dominate gambling research in Canada whereas resources and treatment have received more attention in New Zealand. A greater percentage of Australia and New Zealand publications address the gambling environment and exposure to gambling than in Canada. The subset of articles focused on harm showed a stronger harms focus among New Zealand and Australian researchers compared to Canadian-authored publications.ConclusionsThe findings provide preliminary bibliometric evidence that gambling research foci may be shaped by jurisdictional regulation of gambling. Countries with privately operated gambling focused on harm factors that are the operators’ responsibility, whereas jurisdictions with a public health model focused on treatment and harm reduction resources. In the absence of a legislated requirement for public health or harm minimisation focus, researchers in jurisdictions with government-operated gambling tend to focus research on factors that are the individual’s responsibility and less on the harms they experience. Given increased international attention to gambling-related harm, regulatory and research environments could promote and support more diverse research in this area.

도박중독 관리기구에 관한 연구 - 호주의 온라인 도박 규제를 중심으로 -

이 연구는 사회적 문제를 양산하고 있는 온라인 도박의 폐해를 방지하고 동시에 국가 주요 산업으로 부상하고 있는 온라인 관련 사업의 발전을 저해하지 않는 규범 조화적 규제방안을 모색하기 위하여 수행되었다. 구체적으로 온라인 도박 사업자의 기반을 호주 내에 둘 것을 지 원하고 있으나 온라인 도박의 역기능으로부터 호주인을 보호하기 위한 정책을 실시하고 있는 호주의 IGA 소개를 통해 우리의 온라인 도박규제 정책의 패러다임의 전환을 제언하도록 하기 위해서 수행되었다. 연구 결과, IGA에서는 인터렉티브 도박서비스가 호주 고객들에게 제공되는 것과 호주에 기반을 둔 인터렉티브 도박 서비스가 지정된 특정 국가 내의 소비자에게 제공되는 것을 원칙 적으로 금지하고 있었다. 또한 금지된 인터넷 도박 콘텐츠에 대하여 ACMA에 대하여 신고할 수 있으며, 신고가 접수된 후 필요성이 인정된다면 ACMA는 호주 경찰에게 이를 회부할 수 있었다. 그리고 관련된 인터넷 서비스를 제공자들을 대표하는 기구와 협회들은 산업규정을 발전시켜야 하며, 산업규정이 없거나 불충분한 경우 ACMA는 산업 기준을 구성하여야 한다 고 규정하고 있으며 특히 인터렉티브 도박 서비스의 광고를 규제하고 있었다. 이 연구에서는 이러한 연구결과에 근거하여 향후 온라인 도박 관리방안에 필요한 제언을 하였다.

Regulation of gambling: A tightrope walk between freedom of choice and public control

Regulation of gambling: A tightrope walk between freedom of choice and public control

Ongoing Debates about Gambling Regulation In Brazil: Between Current News and Prospective Laws, An Uncertain Future Ahead

Ongoing Debates about Gambling Regulation In Brazil: Between Current News and Prospective Laws, An Uncertain Future Ahead

Keeping Chance in Its Place: The Socio-Legal Regulation of Gambling

Keeping Chance in Its Place: The Socio-Legal Regulation of Gambling

Regulation of online gambling

In most jurisdictions gambling is considered a demerit good that causes negative externalities and requires market interventions. Such interventions are based on (1) consumer protection and public health, (2) crime prevention and public order, and (3) fiscal motives. Despite a relative homogeneity among Western cultures in normative values, a broad variety of regulatory systems for online gambling can be observed, ranging from free markets to licensing systems, state monopolies and prohibitions—even within the same nation state. It is hypothesized that these differences stem from insufficient knowledge of the idiosyncrasies of online gambling rather than from different regulatory goals. A comparative study is thus needed to explore the socioeconomic effects of different regulatory regimes and to educate regulators.

Can Positive Social Perception and Reduced Stigma be a Problem in Sports Betting? A Qualitative Focus Group Study with Spanish Sports Bettors Undergoing Treatment for Gambling Disorder.

The way society perceives problem gambling, and its effects on how problem gamblers perceive themselves have significant consequences on the wellbeing of people experiencing gambling disorder. Associated with social perception, stigma and other social perception-related features have an impact on the way problem gamblers identify themselves, seek for help, and recover. However, not all gambling types are identically perceived by the society. The present paper examines the case of the social perception of sports betting in the context of Spain. A total of 43 male sports bettors undergoing treatment for gambling disorder were interviewed within seven focus group discussions. Using a qualitative thematic analysis technique, participants reported two fundamental characteristics of sports betting social perception: (1) the absence of negative connotations associated with sports betting comparative to other gambling forms; and (2) the presence of positive connotations that sanitised sports betting as a harmless practice. The study reports aspects such as the lack of stereotypes, the low-involvement of betting as a product, the novelty of online sports betting, the social construction of the normal bettor, and the workplace gambling normalisation as elements that could lead to an increase in gambling-related harm. This is the first study to explore the social perception of sports betting in a subgroup of problem sports bettors and suggests that policymakers should be cognizant of these perceptions in order to inform responsible gambling regulation .

Działalność gospodarcza poddana reglamentacji w świetle orzecznictwa Trybunału Sprawiedliwości na przykładzie prowadzenia gier hazardowych

ECONOMIC ACTIVITY SUBJECTED TO REGLAMENTATION IN THE LIGHT OF THE CASE LAW OF THE COURT OF JUSTICE OF THE EUROPEAN UNION EXEMPLIFIED BY CONDUCTING GAMBLINGIn EU law, conducting gambling is classified as the exercise of the freedoms of the internal market, regulated in the Treaty on the Functioning of the European Union. Conducting gambling is not currently regulated or harmonized at EU level, and therefore the regulation of gambling is the competence of Member States. EU law defining acceptable ways of regulating gambling in the Member States is now a judge-made law and the result of the creative jurisprudence of the Court of Justice of the European Union. So far, the Court has issued dozens of judgments in which it interpreted Treaty provisions proclaiming the freedoms of the internal market in the context of conducting gambling. These judgments provide a direct or indirect assessment of whether national law complies with EU law.

A sieve that does hold a little water – gambling advertising and protection of the vulnerable in the UK

AbstractThe internet, social media and online profiling have fundamentally changed advertising, and the regulation of gambling advertising has not yet managed to address the challenges and opportunities arising from this technological shift. Furthermore, the regulation of gambling does not take into account sufficiently the needs of children and vulnerable persons. We review the empirical research on the impact of gambling advertising and show how regulatory standards firmly adhere to the transmission theory of communication that prioritises the communicative intent of the advertiser over how the advertising message is received by or impacts on vulnerable people. This article reviews the law on gambling advertising and argues that for gambling, the restrictions imposed by the largely co-regulatory system only have limited effect. We compare the regulation of gambling advertising, by way of analogy, to a sieve that holds only a little water, and make recommendations for legal reform.

Factors Influencing Internet Gamblers’ Use of Offshore Online Gambling Sites: Policy Implications

Gambling is a heavily regulated activity, but policies are difficult to enforce in the online context. While governments may attempt to restrict access to licensed providers only, consumers can access offshore sites, creating a potential risk of harm and reducing taxation. This article examines how consumers select Internet gambling sites, and the characteristics of those who use offshore as opposed to domestic sites. Past‐month Australian Internet‐gamblers (N = 1,001, 57.2 percent male) completed an online survey. Participants responded to questions about their online gambling, including use of offshore sites, reasons for site selection, awareness of regulations, preferences for regulated sites, and gambling‐related problems. Offshore gamblers (52.7 percent) were a distinct demographic cohort, and were more highly involved in online gambling. Lack of awareness of gambling regulation did not sufficiently explain use of offshore gambling sites; rather, both groups had a relatively low concern for where a site was regulated, choosing sites instead based on ease of use, and cues that they were designed for gamblers in the advertised jurisdiction. Use of offshore gambling sites may be discouraged by focusing on the benefits of domestic sites and ensuring that these can provide a good consumer experience.

GAMBLING VS. GAMING: A COMMENTARY ON THE ROLE OF REGULATORY, INDUSTRY, AND COMMUNITY STAKEHOLDERS IN THE LOOT BOX DEBATE

The discussion on loot boxes has tempered somewhat from the height of the fever pitch that followed the release of Electronic Arts’ (EA) Star Wars Battlefront 2, but the fallout is far from over. The fervor erupted over the use of loot boxes – an in-game “box” that contains an unknown selection of virtual items – in video games. A fundamental question rising from the debate asks: are loot boxes gambling? Many stakeholders have voiced their opinion on the issue, and legislators, gambling regulators, and their governments are weighing in with assessments and formal decisions. Chiefly among these calls have been demands to legally classify loot boxes as gambling and regulate them as such. The world of gambling, particularly gambling regulation, has found itself in the gaming spotlight. The convergence of gambling and gaming has been a topic of discussion for several years now, as video games have included gambling mechanics in game and gambling games have incorporated more gaming mechanics. This paper discusses the definition of gambling in different settings and the role of gambling regulation as it may apply to loot boxes.

Regulation of Gambling in Nigeria: A Need to Review the Status Quo

Gambling is a phenomenon that has not been given adequate attention in Nigeria. If properly handled it constitutes money spinning venture to the Government. The legal and regulatory control of gambling in Nigeria appears to be clumsy and grossly inadequate. The traditional method of gambling in Nigeria has not been properly managed and the licensing provisions are very conflicting. The nascent internet and mobile technologies have also provided new methods of gambling which create a tensed atmosphere for the control of gambling activities especially due to the seamless operations of these technologies. Countries like the US, UK and Australia have made spirited efforts in order to tame interactive gambling within their jurisdictions. A review of the approaches of these jurisdictions will serve as a direction for Nigeria which has not taken cognisance of the special challenges occasioned by the interactive form of gambling. This paper seeks to address in general the legal and regulatory challenges of gambling in Nigeria.

A “not-for-profit” regulatory model for legal recreational cannabis: Insights from the regulation of gaming machine gambling in New Zealand

A dozen or more regulatory frameworks have been proposed for legal cannabis but many of the “not-for-profit” options have yet to be developed in any detail, reducing the likelihood they will be seriously considered by policy makers. New Zealand’s innovative “not-for-profit” regulatory regime for gaming machine gambling (i.e. “slot machines”) has reversed the previous increase in gambling expenditure, empowered local councils to cap the number of gambling venues, and is unique in requiring the societies operating gaming machines to distribution 40% of the gross expenditure from machines (i.e. $NZ 262 million in 2015) to community purposes (e.g. sports). However, the regime has been criticised for not addressing the concentration of gaming outlets in poorer communities, and not requiring grants to be allocated in the disadvantaged communities where outlets are located. There have also been cases of gaming societies providing community grants in exchange for direct or indirect benefits. In this paper we adapt this regulatory approach to a legal cannabis market. Under the proposed regime, licensed “not-for-profit” cannabis societies will be required to distribute 20% of cannabis sales to drug treatment and 20% to community purposes, including drug prevention. Grants must be allocated in the regions where cannabis sales are made and grant committees must be independent from cannabis societies. A 20% levy will be used to cover the wider health costs of cannabis use. A further 10% levy will be used to fund the regulator and evaluate the new regime. Local councils will have the power to decide how many, and where, cannabis retail outlets are located. Other important elements include a minimum price for cannabis, effective taxation of cannabis products, regulating CBD in cannabis products, higher taxation of traditional smoking products, advertising restricted to place-of-sale, no internet sales, and restrictions on industry involvement in regulation making and research.

Gambling vs. Gaming: A Commentary on the Role of Regulatory, Industry, and Community Stakeholders in the Loot Box Debate

The discussion on loot boxes has tempered somewhat from the height of the fever pitch that followed the release of Electronic Arts’ (EA) Star Wars Battlefront 2, but the fallout is far from over. The fervor erupted over the use of loot boxes – an in-game “box” that contains an unknown selection of virtual items – in video games. A fundamental question rising from the debate asks: are loot boxes gambling? Many stakeholders have voiced their opinion on the issue, and legislators, gambling regulators, and their governments are weighing in with assessments and formal decisions. Chiefly among these calls have been demands to legally classify loot boxes as gambling and regulate them as such. The world of gambling, particularly gambling regulation, has found itself in the gaming spotlight. The convergence of gambling and gaming has been a topic of discussion for several years now, as video games have included gambling mechanics in game and gambling games have incorporated more gaming mechanics. This paper discusses the definition of gambling in different settings and the role of gambling regulation as it may apply to loot boxes.

Znowelizowana ustawa o grach hazardowych w świetle prawa unii europejskiej

The scope of the article is the analysis of the amended Polish Gambling Act of November 19, 2009 and its compliance with the law of the European Union. The article elaborates on the statutory framework on gambling on the EU level, as well as the most important changes in the Polish law. The author refers to the latest case law of the Court of Justice of the European Union in an attempt to analyze the link between state monopoly in the context of gambling and compliance with EU law. The article tackles the issue whether the current gambling regulations in Poland meet the criteria set out by the EU.

More Than Skin Deep: Why It's Time to Go 'All-In' on Skin Gambling Regulation

The meteoric growth of Esports, coupled with a mounting interest in online gambling, paved the way for the phenomenon known as skin gambling—online gambling conducted with digital items rather than cash. Skin gambling is highly unregulated and has largely evaded legal scrutiny, facilitating issues such as underage gambling, addiction, match fixing, and scandals. As the Esports industry continues to flourish, skin gambling will inevitably continue to gain traction, making the need for immediate legal regulation and oversight critical.

Consumer engagement with and perceptions of offshore online gambling sites

Many jurisdictions have legalized and licensed online gambling sites. Nonetheless, a notable proportion of the online gambling market operates offshore. Offshore sites pose risks for consumers in terms of unsafe and disreputable practices, compete with domestically licensed sites and do not participate in the economies in which they operate. This study aimed to explore the extent to which Australian online gamblers use offshore as compared to domestic gambling sites, consumer attitudes and gambling-related harms. Participants ( N = 3199) completed an online survey assessing gambling behaviour, reasons for choosing sites, awareness of and impact of online gambling legislation, and problem gambling. Results show that 25.8% of online gamblers used offshore sites, and that these were more involved gamblers overall than domestic gamblers, and had greater problem gambling severity. Most online gamblers preferred domestic sites, indicating that regulation of online gambling with associated consumer protection measures may benefit those who wish to gamble online.

Beyond Reno: a Critical Commentary on Hancock and Smith

This article provides commentary on Hancock and Smith’s examination of the Reno Model of responsible gambling (RG). Hancock and Smith (2017) contend that the model, intended to provide consumer protection and reduce gambling-related harm, serves as a major impediment to implementation of effective RG policies. This impediment is in large part attributed to the model’s long domination of the ‘international RG policy landscape’ and its emphasis on individual responsibility and problem gamblers. Hancock and Smith also examine other barriers to the introduction of more effective policies. They propose incorporation of the Reno Model within a broader RG-Consumer Protection approach. This approach includes public health principles, consumer protection, duty-of-care, regulatory responsibility and independent research. While portrayed starkly, when there are shades of grey, Hancock and Smith’s critique has merit. Their main conclusion is compelling, namely that effective consumer protection and harm reduction will require much greater emphasis on changes to gambling products, industry operations and practices, and gambling regulation. This article supports the RG-Consumer Protection approach. It also presents epidemiological and other research findings that identify a wide range of risk and protective factors. It suggests that consideration of the full spectrum of modifiable factors at individual, community and wider social levels will enhance policy and prevention programme outcomes. A number of these factors are common to other health conditions, so there is potential for collaboration and synergies with health and social agencies. Mention is made of recent meetings of the International Think Tank on Gambling Research, Policy and Practice and the World Health Organisation. The outcomes of these meetings portend collaborations to advance a global gambling public health agenda.