Gambling Laws Research Articles

Illegal video game loot boxes with transferable content on steam: a longitudinal study on their presence and non-compliance with and non-enforcement of gambling law

ABSTRACT Loot boxes are gambling-like mechanics in video games that can be bought with real-world money to obtain random rewards. Regulators in many countries have considered whether different loot box implementations fall within the existing legal definition of ‘gambling.’ Most countries’ regulators say that only loot boxes (i) players spent real-world money to purchase and (ii) provide randomized content (iii) that possesses real-world monetary value (e.g. be transferable between players) legally constitute ‘gambling.’ A comprehensive review of Valve’s Steam platform for PC games identified 35 games, including some of the most popular games with hundreds of thousands of concurrent players, that implement paid loot boxes with transferable content worth real-world money. These would likely fall afoul of current gambling laws in many countries. Contrary to previous statements published by gambling regulators promising enforcement, consumers, policymakers, and other stakeholders should be aware of the existence and popularity of these presumably illegal loot boxes and how gambling law has not actually been enforced against them. The situation remained unchanged one year later. This longitudinal perspective demonstrates a continued state of noncompliance by game companies and non-enforcement by gambling regulators that leaves consumers unprotected and at risk of encountering illegal content and experiencing harm.

Enforcement of Online Gambling Laws

Background and Aim: Nowadays, technological evolution has developed greatly. The lives of the people in society are all dependent on technology, especially through the Internet. Whether searching for information communicating Various transactions or even for entertainment etc. The development of technology for transmitting information by multimedia media, such as the use of text, audio, images, videos, graphics moving graphics, etc., is a channel for more business services. It can be said that the Internet network, despite many advantages in Various conveniences but there are still has many disadvantages as well. One service that is currently popular in online society and will be studied to determine the issues is providing a service for playing or downloading online games or online social games. Whether through a web browser, such as games on Facebook, or through an application on a mobile phone which may be related to gambling on the Internet, also known as online game gambling. The paper aims to solve the problem of gambling which is considered a threat to peace and order and internal security. However, after the promulgation of the Gambling Act. The latest amendment was No. 8 in the year 1962 and is still in effect today. without any additional amendments made in any way Although there were attempts to revise the Gambling Act again in 2011, the Gambling Bill was eventually dropped. Because the parliament was dissolved that year. As a result, the Gambling Act B.E. 2478 has not been amended again. For a period of up to 58 years, the obsolescence of such laws resulted in inefficient enforcement. In addition, in terms of content in some sections, there are inconsistencies with social conditions. The economy and the current changing situation. Materials and Methods: The objective is to analyze the scope of the legal application of the Gambling Act B.E. 2478 in terms of definitions. Determination of offense bases and penalties Agencies with the authority to prevent and suppress gambling including various measures related to gambling Along with proposing appropriate ways to solve such problems, and in this research article, the author uses a method to analyze the meaning and characteristics of online social games in the form of gambling games. Analyzing which games are classified as an offense or not as an offense of gambling on the Internet, both in terms of Thai and foreign laws, as well as analyzing the determination of the offense base and penalties for those who organized it. To play and people who play online social games in the form of gambling. Including the establishment of an agency to control and inspect the types of online social games that may be considered gambling to inspect the content of online games. Especially online social games that can be played through websites. or downloaded through an application from a mobile phone or tablet, which is difficult to verify suitability. Results: From research, it was found that to make law enforcement more efficient and to amend gambling laws to be in line with current social conditions as much as possible. Conclusion: From the research results, it was found that The Gambling Act, gambling on the Internet gamblers Organizer of gambling and equipment used in gambling Amendment to the base of offenses and penalties of offenders about being a player The organizer of both gambling in general and gambling on the Internet. Enactment of a provision to protect children and young people from gambling. as well as the establishment of a specific regulatory body for gambling This is so that it can be adapted to the case of playing online social games that are similar to gambling. In addition, other measures have been set. including technical measures Government measures and social measures to effectively control and suppress gambling on the Internet.

Countermeasure strategies for law enforcement of illegal online toto gambling: Study at Central Maluku Police

Online lottery is one of the crimes we usually call cyber crime, so apart from being charged under the Criminal Code, online lottery gambling games can also be set under Article 27 paragraph (2) in conjunction with Article 45 of Law Number 11 of 2008 concerning Information and Transactions. Electronic. The duties, functions, and responsibilities of the National Police, one of which is enforcing the law, where the National Police, especially the Central Maluku Police, plays a role in tackling crime, one of which is online lottery gambling. The aim of this research is to reveal a countermeasure strategy for enforcing online lottery gambling laws carried out by the Central Maluku Police. The type of research used is empirical legal research. Central Maluku Police research location. The sample, respondents, and population are the head and members of the General Crimes Unit of the Central Maluku Police. Data sources are primary data and secondary data. Data collection techniques through interviews and observation. Qualitative data processing and analysis techniques. The results of the research show that the strategy for dealing with online lottery gambling law enforcement carried out by the Maluku Police is to increase human resource skills, increase facilities, or increase public legal awareness and maximize the role of the community. For this reason, it is hoped that the strategy to overcome online lottery gambling law enforcement carried out by the Central Maluku Police can tackle online lottery gambling so that the role and support of the government, law enforcement officials, and the community are also needed to realize the ideal and aspired online lottery gambling law enforcement.

Responsibility of Perpetrators of Murder with Same-Sex Romance Motive (Study of Decision Number: 64/Pid.B/2022/PN. Kot)

Background. It is hoped that the judge will give a severe criminal verdict against the perpetrators of the crime of murder in order to have a deterrent effect on the perpetrators of the crime. Purpose. Gambling is a prohibited act as stipulated in Article 303 of the Criminal Code, 303 bis of the Criminal Code, and Article 27 paragraph (2) of the Law on information and electronic transactions. In verdict number 233/Pid.B/2022/Pn.Cbd the author found a discrepancy in the application of the article, so the problem in this study is "How is the application of the law of online gambling in verdict number 232/Pid.B/2022/Pn.Cbd?". Method. This research uses normative juridical types contained in laws and court decisions, as well as legal norms that exist in society. Results. The consideration of the judge in the verdict of the murder case with same-sex romance motive considers the criminal elements in the indictment, considers the justification and excuse as the basis for removing criminal liability for the defendant and considers the aggravating and mitigating circumstances by stating that the defendant has been legally and convincingly proven guilty of committing the crime of participating in premeditated murder as charged in the first alternative primair indictment of the Public Prosecutor and imposing a sentence on the Defendant therefore with imprisonment for 17 (seventeen) years. Conclusion. The conclusion of this research is the accountability of the perpetrator of the crime of murder with the motive of same-sex romance is the ability of the defendant to be accountable for his actions through the mechanism of the criminal justice process to decide the criminal penalty for the defendant.

Application of Law Based on the Principle of Lex Spesialis Derogat Legi Lex Generalis in the Crime of Online Gambling (Decision Number 232/PID.B/2022/PN.CBD)

Background. The existence of internet technology can make it easier for people to get information and facilitate communication, but the internet can also have a negative impact on society, one of which is a medium for finding information or sites that contain gambling. This can change the pattern of ordinary or conventional gambling to gambling with internet media or what is commonly called online gambling, so that it can be accessed anytime and by anyone. Purpose. Gambling is a prohibited act as stipulated in Article 303 of the Criminal Code, 303 bis of the Criminal Code, and Article 27 paragraph (2) of the Law on information and electronic transactions. In verdict number 233/Pid.B/2022/Pn.Cbd the author found a discrepancy in the application of the article, so the problem in this study is "How is the application of the law of online gambling in verdict number 232/Pid.B/2022/Pn.Cbd?". Method. This research uses normative juridical types contained in laws and court decisions, as well as legal norms that exist in society. Results. The results in this study are that the public prosecutor's indictment has used a single charge by applying article 303 paragraph (1) 2 of the Criminal Code and the judge has decided in accordance with the public prosecutor's indictment. Conclusion. This can make law enforcers override the principle of lex spesialis derogate legi lex generalis, because they do not apply article 27 paragraph (2) of the Electronic Information and Transactions Law.

Regulating Gambling Use through the Overton Window: From an Addictive Behavior to a Social and Epidemiological Problem

During the last decade, gambling (online and offline) regulation has become a social and epidemiological problem all around Europe. The aftermaths of this addiction have increased since the so-called "responsible gambling law", in the second decade of the 21st century. The Overton window (OW) strategy is a political theory that describes how the perception of public opinion can be modified so that ideas that are inconceivable for society become accepted over time. The objective of this study is to identify whether an OW has been used to bias the adequacy of the gambling debate, as well as its scientific, legal, and political bases and the main consequences for both the general population and the major risk groups, especially the consequences in social and health contexts. The study was conducted by the application of the historical-logical method as the central axis of analysis and reflection, and the technique of qualitative research content analysis as a procedure in the process of execution of the scientific task, related to a historical trend study of the research object. The main consequences found were: the political acceptance of gambling for economical causes and taxes benefits, the use of popular characters to increase the acceptance of the pattern of behavior, the inclusion of the gambling operators as agents in the risks control, and the absence of intervention until the main consequences have been transformed into an epidemiological problem (with social aftermaths higher than the previously identified related to the gambling problems). Furthermore, the results suggest the need to implement prevention and health promotion strategies and the adoption of specific legal measures that regulate the access and the marketing of gambling operators' activities.

Gambling in the Perspective of Criminal Law Policy

AbstractGambling is an act that is prohibited in both the Criminal Code and social norms. However, the application of Article 303 and Article 303bis of the Criminal Code and Government Regulations related to controlling gambling only covers gambling crimes that occur within the territory of the Republic of Indonesia. The application of gambling as a crime can lose the nature of an unlawful act if the gambling gets permission from the authorities so that the gambling becomes legal or legal. In practice, there are still customs or cultures that think that gambling is part of the culture and is difficult to eradicate and even spreads to use technology. This study aims to evaluate the enforcement of gambling laws in the perspective of criminal law policy. This research is a doctrinal research using a conceptual approach and a legal approach. This study was conducted by looking at whether the development of law enforcement and the provisions stipulated in the Criminal Code can reach the crime of gambling and increase public awareness efforts related to gambling. The results show that it is necessary to establish an ideal enforcement model based on the principles of legal certainty, justice and avoid the emergence of a gambling perspective legalized in the name of culture.

Pertanggung Jawaban Pelaku Tindak Pidana Perjudian Online di Indonesia

The criminal act of gambling is a crime that is commonly committed by many people, because from gambling people can get multiple wealth from the results of gambling. In Indonesia, the practice of gambling has developed along with the development of technological advances, namely online gambling. This online gambling crime offers many advantages for owners and managers, because in practice the online gambling business scheme no longer requires complicated permits to establish a gambling business via the internet. Based on these conditions, this study wants to explain that Indonesia has legally regulated gambling in several laws and regulations, including those regulated in Article 303 and Article 303 bis of the Criminal Code. Then related to online gambling laws specifically regulated in Article 27 paragraph (2) of the Electronic Transaction Information Law and its amendments. The use of normative legal methods with a statutory approach (staapproach) is carried out carefully by examining and analyzing legal rules relating to the accountability of online gambling crimes in Indonesia. The responsibility of online gambling actors is proven by containing elements of a criminal act. The criminal responsibility of online gambling actors is not only borne by players, but also includes those who give someone the opportunity to play gambling, such as service providers and managers of online gambling platforms.

Review of Fiqh Jinayah and Criminal Law on Law Enforcement of Cockfighting Gambling

The results of this study discuss jināyah fiqh and criminal law on cockfighting gambling law enforcement (study of decision number 45/Pid.B/2016/PN Pre, the main problems in this study are, how is the analysis of the considerations against the perpetrators of cockfighting gambling in the decision number 45/Pid.B/2016/PN Pre and how is the analysis of jināyah fiqh against cockfighting gamblers in the decision number 45/Pid.B/2016/PN Pre. This type of research uses descriptive qualitative methods, including field research, using normative and juridical theological approaches, while the source of data in this study comes from primary data with the Parepare district court study and secondary data, namely data relating to documents, books, journals and others. Data collection techniques in this research are case studies, interviews and documentation. The results of this study indicate that 1). The judge in sentencing the judges if they saw some mitigating or aggravating considerations for them, so that the judges sentenced them to 3 months and 15 days in prison to be imposed. 2). In Islamic law, gambling crime or also called maysir is included as a jarīmah crime whose punishment provisions are jarīmah ta'zīr, namely the provision of punishment in the form of ta'zīr sanctions provisions depending on the punishment given by the judge or ulil amri/ruler by considering the circumstances of the objectives to have an effect. deterrent not to repeat the action.

LAW ENFORCEMENT OF THE CRIME OF MONEY LAUNDERING THAT COMES FROM ONLINE GAMBLING

Law enforcement by the police in the crime of money laundering originating from online gambling is associated withLaw Number 8 of 2010 concerning Prevention and Eradication of the Crime of Money Laundering is an online gambling law enforcement that has been carried out by the VC Sat Subunit. The Criminal Police Criminal Investigation Unit still uses the instrument of Article 303 of the Criminal Code rather than Article 27 paragraph (2) Jo. Article 45 of the ITE Law. The threat of imprisonment under Article 303 of the Criminal Code is 10 years, heavier than Article 27 (2) Jo. Article 45 of the ITE Law which is only 6 years old.Obstacles and law enforcement efforts by the police in the crime of money laundering originating from online gambling are associated withLaw Number 8 of 2010 concerning Prevention and Eradication of the Crime of Money Laundering isThe human resource factor in an effort to eradicate online gambling crime is one of the important factors. Lack of mastery and understanding of personnel in the information technology sector. The external inhibiting factor in eradicating online gambling crimes is the server factor placed in countries that legalize gambling, the factor of using a Virtual Private Network (VPN).

Pojęcie hazardu w prawie hazardowym wybranych państw europejskich. Część II. Pojęcie hazardu w świetle definicji legalnych terminu gaming

The article is the second in a series of papers that seek to present and analyse the meaning ascribed to the notions of ‘gambling’ and ‘gambling games’ in the gambling law provisions of selected European countries as well as to confront the normative meaning of this concept with gambling characteristics from the perspective of social sciences. The analysis covered provisions of those English-speaking countries in which the notion of ‘gaming’ is used to describe the aggregate category of gambling activities, i.e. Malta and Ireland. The article mainly uses methods of comparative law. The presentation of the characteristics of gambling from the perspective of social science draws on the scientific output of researchers in the field. The studies carried out justified the thesis that the scopes of the notion of ‘gaming’ in the gambling law provisions of Malta and Ireland are substantially different. On the one hand, the situation results from different traditions in the regulation of gambling activities. On the other, it reflects the attitude public authorities currently adopt both to the activities bearing the features of gambling and to such games in which the outcome is determined by the player’s skill but which might pose a threat similar to those related to gambling. In both Malta and Ireland, the normative meaning of ‘gaming’ extends beyond the meaning that is ascribed to the notion of ‘gambling’ in social science.

Rocking the Boat: Loot Boxes in Online Digital Games, the Regulatory Challenge, and the EU’s Unfair Commercial Practices Directive

The loot box, a feature of online video games, contains randomised virtual items of importance to gameplay. Comparisons are drawn between chance-based loot boxes and the legal and psychological definitions of gambling, leading to concerns that the format may be an unregulated form of quasi-gambling. Globally, several jurisdictions have intervened to control the loot box, some applying national gambling laws, while others have implemented more general rules, an alternative described as “consumer protection”. In 2020, a study commissioned on behalf of the EU Parliament recommended that loot boxes and in-game purchasing systems be regulated from a “consumer protection” perspective. This paper questions firstly whether the debate on product-specific rules for loot box games was conducted in reverse, commencing with a set of potential solutions, while research on harms is still at an early stage. It interrogates the “consumer protection” route, critiquing proposals that borrow from the conceptually and structurally distinct areas of gambling law and consumer protection law, without first resolving the tensions between them. The paper proposes that an alternative paradigm of “player protection” may be the better route towards solving the regulatory puzzle of loot boxes. The paper secondly argues for the EU and its Member States to adopt an interim approach, relying on existing legislation to tackle immediate concerns and facilitate testing of remedial measures, but which leaves the door ajar to alternative options, including regulation under national gambling law frameworks. It examines the UCPD as an immediate solution and considers how the updated UCPD Guidance addresses questions of potentially exploitative game design.

Drafting video game loot box regulation for dummies: a Chinese lesson

ABSTRACT Loot boxes are virtual items in video games that players purchase to obtain randomised rewards of varying value. Such randomised monetisation methods are prevalently implemented globally. Loot boxes are conceptually and structurally akin to gambling, and their purchase is positively correlated with problem gambling in Western countries. Given the potential harms loot boxes may cause, particularly to vulnerable consumers, e.g. children, regulators and policymakers are paying increasing attention. Some countries, e.g. Belgium, have actively enforced existing gambling laws to ban certain loot box implementations. However, less restrictive regulatory approaches, e.g. requiring probability disclosures, are also being considered. Amendments to existing law and new laws dedicated to regulating loot boxes are likely forthcoming in many countries. Companies’ discretionary and suboptimal compliance with loot box probability disclosure law in the People’s Republic of China reveals how future loot box laws and industry self-regulations should be better drafted to ensure maximum consumer protection.

Fantasy sports and gambling regulation in the Asia-Pacific

Fantasy sports competitions allow sports fans to become their own managers, to select and organize fantasy teams from existing real-life players in professional sports leagues. The performance of their fantasy teams is dependent on the actual on the field performance of these real-life players. As betting in professional sports is strictly regulated worldwide, fantasy sports offer a form of proxy sports bet. However, a gray area exists whether fantasy sports competitions involve chance (or luck) rather than pure team selection skills. If any form of chance is involved, fantasy sports will be subject to gambling laws and thus may be deemed illegal. With the US Supreme court recently clearing the way for legality of fantasy sports in its largest market, the focus shifts to the industry’s major growth market—Asia-Pacific. This paper reviews the state of fantasy sports and gambling regulation in the Asia-Pacific region. A 21-country analysis is undertaken, offering five insights for fantasy sports industry stakeholders. Based on our findings, we propose a Nevada-model regulatory framework for the Asia-Pacific fantasy sports market.

Limiting the loot box: overview and difficulties of a common EU response

<section class="abstract"> 2019 has seen loot boxes remain a prime target of concern for regulators, legislators and industry bodies alike, yet despite the work carried out in the Gambling Regulators European Forum in this regard, there have been no substantial efforts to develop a common EU response to date. This article aims to argue that such inaction at a European level is unsatisfactory from both the perspective of the European consumer and games companies alike, while highlighting that any broad regulatory attempts to limit loot boxes to date should be viewed with scepticism. Having examined the three main approaches that could form the basis of a common EU response (gambling law, self-regulation and consumer law) that could deal with some of the issues that national fragmentation in the field have presented to date, it is submitted that a hybrid system, which draws together principles from these three main approaches, can strike the right level of balance between protecting innovative monetization systems for developers, whilst safeguarding consumers from practices deemed to be ‘predatory’. </section>

SHOULD CALIFORNIA'S PUBLIC POLICY ON JUDICIAL NON-JURISDICTION OVER GAMBLING DEBTS BE REVISITED? BREAKING DOWN THE KELLY AND POSTLE DECISIONS

SHOULD CALIFORNIA'S PUBLIC POLICY ON JUDICIAL NON-JURISDICTION OVER GAMBLING DEBTS BE REVISITED? BREAKING DOWN THE <i>KELLY</i> AND <i>POSTLE</i> DECISIONS

Gaming-Gambling Convergence: Trends, Emerging Risks, and Legislative Responses

A convergence of gaming and gambling products, services, and platforms is presently drawing considerable policy debate. This convergence may be giving rise to a critical area of consumer vulnerability given the addictive potential of gaming and gambling. While some convergence aspects are gaining research attention, the broader contexts of the phenomenon have not been adequately examined. In light of this, the present study aimed to inform four key enquiry areas pertaining to gaming-gambling convergence—contexts and drivers, definitions and framings, risk and harm, and legislative response. Using a narrative review method, 108 articles from the academic and grey literature were examined and thematically summarised to provide an overview of the convergence phenomenon. Findings indicate convergence in multiple overlapping contexts (gaming elements in gambling, games incorporating gambling elements, gambling on games, free simulated online gambling, and social media games and gambling) driven by technological advances and commercial interests. Findings related to definitions and framing include the industry’s strategic use of the term gaming to reduce negative connotations associated with gambling, and community perceptions of gaming as legitimate and harmless entertainment. Potential risks include transitions from games (without money) to real-money gambling, and problem co-existence. Legislative responses are beginning to emerge with the greatest focus being on loot boxes in games. However, the limited evidence of risk and harm has led to hesitancies in legislative actions to regulate gaming-gambling hybrids in some jurisdictions. Considering that convergence is supported by rapid advances in technology and is taking place largely on the Internet (accessible 24 h), harms for consumers could manifest quickly and spread broadly across societies before their existence and severity are established. Based on the Precautionary Principle, the present evidence base call for harm prevention policies and regulations in addition to changes in the definition of money (including digital currency and microtransaction) in gaming and gambling laws.

Strukturprobleme des Glücksspielrechts

Comprised of a plurality of legal actors and powered by a highly polarised social and legal discourse, German gambling law provides a framework for the ever booming gambling market. It is challenged by digitalization and by the internationalization of gambling. In addition, it faces adverse regulatory impulses, ranging from liberalization to a firm regulatory grasp within a couple of years. On the one hand, it purports to offer a sufficiently attractive supply of gambling products in order to draw the public into legal forms and away from illegal forms of gambling. On the other hand, its regulatory objective seeks to fence in and suppress the gambling urges of the population. On the whole, German gambling law is characterized by three, legally and factually interdependent problems. First, it needs to come up with a practical, inclusive and dynamic legal definition of its subject-matter, i. e.: what counts as legally relevant gambling? Second, it needs to define, maintain and implement larger objectives in regard to a target audience that do not overburden the executive und judicial branch with the need to reconcile contradicting regulatory impulses. Finally, it needs to guarantee a sufficient degree of implementation, which is achieved by combination of rational and high-quality legislation, adequate resources, and the necessary political will. Gambling law in Germany lacks these features to varying degrees. It, therefore, increasingly falls prey to mere legal symbolism that pretends to govern the gambling market much more than it actually does. The constitutional distribution of legislative and executive competencies in favor of the German Länder (“states”) is largely insufficient. Governing gambling in an international and highly digitalized market requires federal legislation and execution. The German federal authorities should consider federalizing gambling law by means of Art. 72 II GG and creating a federal gambling agency on the basis of Art. 87 III GG.

Pandora's Loot Box

Virtual worlds are a frontier unlike any other. But as virtual worlds grow exponentially in the internet age, they find more overlap with the real world and the laws that govern it. One such emerging intersection is the advent of “loot boxes.” Borrowing their design from the gambling industry, loot boxes operate as a hybrid between slot machines and packs of trading cards. A consumer pays real-world money to buy a virtual box without knowing its contents. Upon opening the box, the consumer receives a virtual good that may be of great value, but may also be a common or duplicate virtual good of little to no value. Such is the gamble that fuels this troubling and addictive virtual gaming mechanism. While scholars and government agencies have considered differing views regarding the ownership, property, and sale of virtual goods, few have considered the gambling perspective brought on by loot boxes. This Article offers a unique legal exploration of the overlaps between loot boxes and gambling by proposing that state gambling laws be updated to include the social science concept of perceived value that explains consumer behavior. By examining the perceived value of loot box rewards, it becomes clear that consumers are driven to gamble for virtual goods based on the value they bestow in the virtual world—irrespective of any real-world value. This framework of virtual valuation is key in properly regulating loot boxes as a form of gambling, which plays on the same psychological triggers as do slot machines. This new framework carries important implications outside of gambling regulation in virtual worlds, while also contributing to the developing literature exploring the ethical and economic dilemmas when software is designed to increase user engagement by exploiting psychological weaknesses.

Critical Analysis of Consumer Protection in “Lootbox” Virtual Transaction System in Indonesia

Purpose of this research is to determine consumer protection regulation for virtual (Lootbox) transactions in Indonesia. The research method is normative legal studies. Results of the study is that virtual transactions are easily carried out, such as loot box virtual transactions that is affected to financial loss for both consumers and countries. Regulations that have made by several countries need to be further analyzed and examined in order to be implemented and regulated as in the country of Belgium issuing rules that require the (Lootbox) to be banned or be subjected to sanctions for violations of the Gambling Law in that country. So that Indonesia should make (Lootbox) regulation even though the regulation is unspecified in KUHP and Bill of Act on Electronic Information and Transaction that can make consumers protection is more guaranteed.