the Act should be amended to simplify the definition of prohibited activities and extend the role of the Australian Communications and Media Authority (ACMA) in relation to all aspects of enforcement and compliance with the Act. Recommendations Recommendation 1: Commonwealth, State and Territory governments should recommit to Gambling Research Australia to ensure that research funds are directed towards maximising the information available to policy makers, academics, the community and industry about the nature, prevalence and impact of gambling across Australia. Recommendation 2: A national policy framework, comprising agreed minimum standards, be established to provide consistency in the regulation of online wagering and to improve the effectiveness of consumer protection and harm minimisation measures across the nation. Recommendation 3: Until the proposed national framework is established and operating, consideration of additional in-play betting products should be deferred and legislative steps taken to respect the original intent of the Interactive Gambling Act 2001. Recommendation 4: A national self-exclusion register that applies across all online operators should be developed, either by an expansion of the Northern Territory register or through a new national system. The costs associated with such a register should be borne by online operators. Recommendation 5: Operators should be required to offer customers an opportunity to set voluntary limits on their wagering activities. Consumers should be prompted about setting or reviewing limits on a regular basis. Recommendation 6: Operators should be required to apply additional consumer protections where ‘credit’ or deferred settlement betting is available. Recommendation 7: between online wagering operators and payday and other lenders should be discouraged. Recommendation 8: Users should be regularly sent online statements detailing their wagering activity including total wagered, winnings and losses. These statements should also be readily accessible through the operator’s website. Recommendation 9: As part of the national policy framework, the current 90 day verification period should be reduced to at least 45 days. Recommendation 10: All staff involved with online users must undertake appropriate training in the responsible conduct of gambling – provided through an accredited provider. Recommendation 11: That the national policy framework include consistent, enforceable rules about advertising of online gambling. Recommendation 12: The national policy framework should ensure that advertising of online services using social or digital media platforms is subject to similar regulatory controls as other media. Recommendation 13: The national policy framework should introduce a system to allow for the development and use of nationally consistent and standardised messaging to assist efforts to ensure responsible gambling.
Table 33: European regulatory framework analysis UK Gibraltar Belgium Italy Denmark France Permitted games In-play betting Fixed-odds and Betting exchanges or intermediaries In-play betting Fixed-odds and Betting exchanges or intermediaries Online sports and horse race betting are also allowed. Pool betting and fixed odds on sports and horse racing. All wagering, apart from horse and dog race wagering. Sports betting. Horse race betting. Blocking measures No requirements on website blocking and payment blocking. No requirements on website blocking and payment blocking. ISP blocking Payments blocking Server must be located in Belgium ISP blocking Payments blocking is but not yet in use. Server must be located in Denmark DNS blocking ISP blocking Server must be located in France Advertising restrictions Those that advertise remote gambling to consumers in Britain through a British-facing business must be licensed. Advertising bans on gambling not licensed in Belgium. Prosecution of gaming authorities if they facilitate unlawful gambling by allowing their licensees to Advertising of unlawful gaming activities is prohibited by general rules of advertising rather than gaming regulation Use of only an ‘.it’. No The advertising of unlicensed in Denmark is prohibited and is punishable by a fine (Section 59(2) of the Act on Gaming). Advertising bans on gambling not licensed in France. Advertisements should be accompanied by a warning message against gambling addiction;
continue their operations in Belgium. ‘.com’ and ‘.net’ website suffixes. The Act also restricts sponsorships from operators that are not licensed in Denmark. prohibited on publications AV programs and movie theatres. Harm minimisation, consumer protection and responsible wagering measures Age restrictions Player verification Gambling Payments restricted to UK payment services. Age restrictions Player verification Gambling Payments restrictions. Age restrictions Player verification Age restrictions Player verification Age restrictions Player registration Player verification Temporary gambling account set up until player verified Account based betting with maximum balance Use of licensed payment providers Player Verification Operators must have geolocation to ensure players are directed to the .fr platform. Source: European Commission 2015, The Economics of Gambling: Impacts of internet Gambling; University Paris 1 Panthéon-Sorbonne and the International Centre for Sport Security (ICSS) 2014, Protecting the Integrity of Sport Competition: The Last Bet for Modern Sport, May 2014, Working Group 2015, Offshore Racing and Sports Betting, Final Report; European Commission 2014, Study on the role of regulators for online gambling: Authorisation, supervision and enforcement, Final Study Report.
Table 51: Blocking access to offshore operators – Summary of international examples Jurisdiction Blocking scheme Description Belgium Financial payments and website The Belgian Gaming Commission maintains a blacklist of unlicensed sites since February 2012. The Commission has entered into an agreement with a number of ISPs to block sites on the blacklist. The Commission has also entered into an agreement with the country's banking association to initiate payment blocking. Along with the USA, Belgium’s enforcement approach is considered the most effective in the world. Bulgaria Website Website blocking for blacklisted sites has been in place in Bulgaria since 2013. Cyprus Website Website blocking for blacklisted has been in place in Cyprus since 2013. So far more than 270 sites have been added to the blacklist. Denmark Financial payments and website Website and payments blocking are both available to Danish regulators to address unlicensed operators. Denmark has increased the market share associated with licensed operators in recent years, but it is unclear to what extent this is associated with any blocking activities. Estonia Website ISPs are obliged to block access to unlicensed operators. Processing providers are also prohibited from providing payments to unlicensed operators. France Financial payments and website Website blocking was introduced in France 2010. Payments blocking is also available to regulators, but has not yet been implemented. France has improved its market share for licensed operators, although this is likely due to the opening of the market to the private sector.
Commonwealth Government Organisations Attorney-General’s Department AUSTRAC Australian Communications and Media Authority Australian Crime Commission Australian Federal Police Australian Gambling Research Centre Australian Taxation Office Commonwealth Treasury Department of Finance Department of Health – National Integrity of Sport Unit Department of Prime Minister and Cabinet Director of Public Prosecutions State and Territory governments Gambling and Racing Commission (ACT) Independent Gambling Authority (South Australia) Norfolk Island Gaming Authority Victorian Commission for Gambling and Liquor Regulation Victorian Minister for Gaming and Liquor Regulation Financial institutions Australian Bankers Association Australian Payments Clearing Association Mastercard PayPal Service and Content Providers Baker & Mackenzie Communications Alliance Google Netsweeper Optus Responsible Gambling Organisations Financial Counselling Australia Gambler’s Help Southern Uniting Communities Victorian Gambling Taskforce Victorian Responsible Gambling Foundation Academics Professor Charles Livingstone (Monash University) Dr Anna Thomas (Australian Gambling Research Centre) Associate Professor Samantha Thomas (Deakin University)
Communications Alliance NSW Christiane Gillespie-Jones, Director Program Management CrownBet/Betfair Australia VIC Andrew Menz, Legal and Corporate Affairs Director Digital Industry Group Inc. NSW Samantha Yorke, Public Policy & Government Relations Financial Counselling Australia VIC Lauren Levin Free TV Australia NSW Julie Flynn, CEO Gambling Impact Society (NSW) Inc. NSW Kate Roberts, Executive Officer Greyhound Racing Victoria VIC Stuart General Manager Wagering & Partners Harness Racing Australia Incorporated VIC Andrew Chief Executive Institute of Public Affairs VIC Simon Breheny, Director, Legal Rights Project Moreland City Council VIC National Integrity of Sport Unit ACT New South Wales Trainers Association Ltd. NSW Steve McMahon, Chief Executive Racing Australia VIC Racing Victoria VIC Southern Cross University NSW Sally Gainsbury, Senior Lecturer, Centre for Gambling Education and Research Sportsbet VIC Brad Addison, Government Relations Manager Tabcorp NSW David Attenborough, CEO