According to his analysis, online betting operators are in violation of numeral 19, article 63 of the Chilean Constitution, which “indicates that gambling and betting can only be regulated by law.”
He also cited articles “275-277 and following” of the Penal Code, which “punishes those who operate games of chance without authorization from the State with jail and fines.” Combined these articles define what constitutes illegal gambling in Chile.
He summarised by saying that: “As a general rule, the law prohibits any natural or legal person from operating games of chance. Thus, there is express regulation for online games of chance: they are prohibited and their commercial exploitation is a crime,” he said.
The lawyer compared this to the casino sector “which not only pay taxes, contributing in equal parts to the municipalities and regional governments where they are located, but also generate jobs in regions and take a series of safeguards to avoid the exposure of vulnerable groups”, whereas the 900 websites and betting platforms estimated to be operating in the country “offer online games of chance without paying taxes and generating a number of risks for the consumer and vulnerable groups, as well as others at an economic level such as money laundering”.