Response from the Gambling Commission

[baldidiot]

I mentioned in another thread that I was going to contact the Gambling Commission to clarify some of the UK White List rules, and I felt the response was too important to not have it's own thread.

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The question I asked was:

If my target audience is NOT in the UK, but I / My Company / My Servers are based in the UK am I allowed to list non UK white listed sites?

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The response was:

You are not permitted to advertise any other sites than those who appear on the white list. The Gambling Act 2005 does not allow this, therefore the onus is on the operator to ensure they comply with all licence conditions and codes of practice and remote technical standards.

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So even if you're targetting US players but have any kind of connection to the UK, you can't go outside the white list.

We are, unfortunately, going to have to drop all non uk white listed sites!

[Renee]

That seems strange to me..

Can anyone (who may have some lawyer skills ) say which part of the Gambling Act doesn't allow you to promote non whitelist groups to non UK residents? I would assume that has to do with the country you're advertising to, not the country you live in.

Very interesting...

[baldidiot]

That seems strange to me..

Can anyone (who may have some lawyer skills ) say which part of the Gambling Act doesn't allow you to promote non whitelist groups to non UK residents? I would assume that has to do with the country you're advertising to, not the country you live in.

Very interesting...

That's exactly what I was trying to find out! They could just be being cautious.

For my specific example they deem that having my company registered in the UK requires me to abide by their rules. Similarly I believe that having UK servers, in their eyes, is seen as "in the uk" and thus no no outside advertising.

Any clever lawyering would be greatly appreciated!

[baldidiot]

Ok so I've just got off my lazy ass (or on it!) to have a good old read of the Gambling Act 2005 and I've found what she was talking about:

331 Foreign gambling
(1) A person commits an offence if he advertises foreign gambling other than a lottery.
(2) In this section “foreign gambling” means—
(a) non-remote gambling which is to take place in a non-EEA State, and
(b) remote gambling none of the arrangements for which are subject to the law about gambling of an EEA State (whether by being regulated, exempted, prohibited or otherwise).
(3) Subsection (2) shall apply to Gibraltar as it applies to EEA States.
(4) The Secretary of State may by regulations provide that a specified country or place is to be treated for the purposes of subsection (2) as if it were an EEA State.
(5) A person guilty of an offence under subsection (1) shall be liable on summary conviction to—
(a) imprisonment for a term not exceeding 51 weeks,
(b) a fine not exceeding level 5 on the standard scale, or
(c) both.

So what they're saying is that I am personally commiting an offence if I show non uk white listed sites.

And here's the kicker:

(4) The test referred to in subsections (1)(a), (2)(a) and (3) is that the advertising involves—
(a) providing information, by whatever means (and whether or not using remote communication), intended to come to the attention of one or more persons in Great Britain,
(b) sending a communication intended to come to the attention of one or more persons in Great Britain,
(c) making data available with a view to its being accessed by one or more persons in Great Britain, or
(d) making data available in circumstances such that it is likely to be accessed by one or more persons in Great Britain.

Unless you're blocking UK IP addresses, that includes everybody!

Thus in their eyes nobody is allowed to advertise non uk white listed sites, it's just that they can only enforce the rule to UK residents, companies registered in the UK or sites with servers in the UK.

Cheeky ba$tards

[The section for advertising is here: http://www.opsi.gov.uk/acts/acts2005...22#pt16-l1g327]

[turtle]

Were can I find a list of White list sites?

[clearlyportals]

yikes!

Better look into this. Isn't that what disclaimers are for?

Interesting thread

[AmCan]

I would check with a lawyer, if this is going to cost you a lot of money. Any regulatory organization is likely to overstate their own powers. so to make major changes solely on their opinion could be unnecessary expense.

[alexpratt]

Very interesting one. I was always under the impression the law didn't impact on affiliates but that was from hearsay. Let me see if I can look back over are legal articles when the act came in and see if there is anything in there.

@clearlyportals the whitelist is made up of jurisdictios rather than operators so basically if they are hosted there they are fine. These are Malta, Alderney, isle of man, tazmania, and Antiga I think.... If you want to know who hosts in these have a look at casinocity where they list operators by jurisdiction


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[baldidiot]

Does anybody know any lawyers in the UK that specialise in Gambling Law who would be able to give a quick (formal) answer?

Personally I'm not hugely affected by this as it will allow me to advertise the site in the UK (press etc...) which is something I was considering anyway, but I would still like clarification.

Also, just to add to what alexpratt said, the full list of White List jurisdictions is:

EEA countries
Alderney
Antigua and Barbuda
Gibraltar
Isle of Man
Tasmania.

Where EEA countries means:

Austria
Belgium
Bulgaria
Cyprus
Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece
Hungary
Iceland
Republic of Ireland
Italy
Latvia
Liechtenstein
Lithuania
Luxembourg
Malta
The Netherlands (note: not the Netherlands Antilles)
Norway
Poland
Portugal
Romania
Slovakia
Slovenia
Spain
Sweden
UK

[gamblingvista]

According to gambling law, if our sites are hosted in UK we can't advertise US friendly casinos like BestCasinopartner brands , CWC affiliates brands or WinPalace ?

Thanks.

James

[baldidiot]

According to gambling law, if our sites are hosted in UK we can't advertise US friendly casinos like BestCasinopartner brands , CWC affiliates brands or WinPalace ?

Thanks.

James

That's what I'm trying to establish now. But technically, according to the Gambling Act of 2005, no. I've just contacted a law firm that specialises in UK Gambling law so hopefully we'll get a concrete response soon.

[Caruso]

Very interesting. UK-based affiliates are breaking the law in advertising to non-white list countries.

Of course, the "white list" is so full of **** anyway (Antigua & Barbuda?????) it should hardly be onerous to comply. But it does mean that advertising anything located in Kahnawake, Costa Rica etc is illegal.

This will what US legislation will look like when it's eventually approved. But it'll be MUCH tougher.

[Caruso]

Link:

http://www.opsi.gov.uk/acts/acts2005...22#pt16-l1g331

[TheGamblingGuru]

Very interesting. UK-based affiliates are breaking the law in advertising to non-white list countries.

Of course, the "white list" is so full of **** anyway (Antigua & Barbuda?????) it should hardly be onerous to comply. But it does mean that advertising anything located in Kahnawake, Costa Rica etc is illegal.

This will what US legislation will look like when it's eventually approved. But it'll be MUCH tougher.

Maybe all of the Rival casinos that are licensed in Curacao as well...
____
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[Caruso]

Yes, all Rival casinos would be illegal for advertising by UK affiliates.

For a quick list:

Microgaming:

Casino Rewards
Jackpot Factory
Minivegas
Playshare
Royal Joker
Star Gaze Media

Then, loads of RTGs including iNetbet, Club World and Mainstreet.

3Dice.

Absolute Poker and Ultimate Bet.

Obviously a ton of the Costa Rican sportsbooks. Pinnacle as well.

Of course, the licensing jurisdiction is a complete technicality. And then, they could just trot off to Antigua & Barbuda to be "whitelisted", which tells you all you need to know about whitelisting.

Then add to that the fact that not one UK affiliate is going to pull one non-whitelist casino because of some obscure passage in the 2005 Gambling Act.

Put it all together, and you have all you need to understand the value of "regulation".

[gamblingvista]

Very interesting. UK-based affiliates are breaking the law in advertising to non-white list countries.

Of course, the "white list" is so full of **** anyway (Antigua & Barbuda?????) it should hardly be onerous to comply. But it does mean that advertising anything located in Kahnawake, Costa Rica etc is illegal.

This will what US legislation will look like when it's eventually approved. But it'll be MUCH tougher.

then we can promote some US casino friendly like " English Harbour" ( CasinoCoins ) because they are licensed in a white list country ( Antigua & Barbuda )?

Thanks,

James.

[Anthony]

Has there been any enforcement of the 2005 Gambling Act in regards to affiliate marketing non-white lists in the UK?

[Caruso]

then we can promote some US casino friendly like " English Harbour" ( CasinoCoins ) because they are licensed in a white list country ( Antigua & Barbuda )?

If it's "whitelised", as they are, it's good to go.

Of course, it's meaningless. I'll eat my monitor if it can be corroborated that any partner has been prosecuted. Really depends rather on how you feel about the concept of complying with the law.

And this is the gambling industry, LOL.

EDIT: Check that. The above legislation specifies EEA states, but doesn't specify whitelisted ones also. So I'm not sure.

If you're bothered at all, take legal advice.

[stgeorge]

Microgaming:

Casino Rewards
Jackpot Factory
Minivegas
Playshare
Royal Joker
Star Gaze Media

Not sure if you meant those are illegal? Some have one or more brands that have been appropriately licensed such as:
Casino Rewards - Casino Action is okay
Jackpot Factory - All Slots okay
Playshare - Quatro Casino okay

[Caruso]

Not sure if you meant those are illegal? Some have one or more brands that have been appropriately licensed such as:
Casino Rewards - Casino Action is okay
Jackpot Factory - All Slots okay
Playshare - Quatro Casino okay

Casino Action, yes. How odd is that?

However, All Slots is not, but Wild Jack (also of the JF group) is OK.

Done a write up of this interesting matter. I've directly listed a bunch of affected casinos at the end:

http://online_casino_news.hundredper...breach-of.html