Report of the Law Reform Committee on Online Gaming and Singapore
Meanwhile, the extraterritorial application and enforcement if its laws remain a
problem for the US in seeking to fully implement its policies regarding Internet
In the late 1990s, the UK Government commissioned a Review Body, led by
Sir Alan Budd, who published a “UK Gambling Review Report” (“Report”).113 The Report discussed the trends in online gambling and urged policy makers to legalise most types of online gaming. Three main factors that the Review Body considered in the Report were: the increasing ease of consumer access to the technology, the commercial disadvantages facing UK-based operators and the need for control. It was regarded as undesirable that British companies could not set up Internet gaming sites in Britain while British Internet users had lawful access to overseas sites which were entirely unregulated.114 Prevention by means of placing an obligation on Internet service providers to block access to offshore gaming sites and persuading the banking sector to refuse to recognise such sites for payment purposes were thought to face substantial practical and jurisdictional difficulties. 115
In response to the Report, a subsequent White Paper was published by the
Government entitled “A Safe Bet for Success: Modernising Britain’s Gambling Laws”.116 This White Paper adopted most of the recommendations in the Report. In particular, it endorsed the proposal that UK should legalise the provision of the full range of online gambling services provided by operators based in UK These online operators have to meet entry standards and their operations will be subject to approval and monitoring by the proposed Gambling Commission to ensure compliance. It was agreed that the prohibition of online gaming by British consumers was totally unrealistic, even if it was thought desirable.117 In addition, gambling operators based in
“UK Gambling Review Report” available at http://www.culture.gov.uk/reference_library/publications/ 4642.aspx/. See also Department for Culture, Media and Sport, “The Future Regulation of Remote Gambling: A DCMS Position Paper” (April 2003) at para 102.
“A Safe Bet for Success: Modernising Britain’s Gambling Laws” is available at http://www.culture.gov. uk/images/publications/gamblingreportpgs.pdf.
“A Safe Bet for Success: Modernising Britain’s Gambling Laws” is available at http://www.culture.gov. uk/images/publications/gamblingreportpgs.pdf at para 4.46.
Ola O Olatawura, “Why There May Not be an Extraterritorial Sport Right to Online Gambling” (2005) 27 Loy LA Int’l & Comp L Rev 371. Due to the inability to establish jurisdiction, the question is how the US can regulate off-shore based Internet gambling companies and whether it has any legitimate right to do so.
available at http://www.culture.gov.uk/reference_library/publications/
“UK Gambling Review Report” available at http://www.culture.gov.uk/reference_library/publications/
“UK Gambling Review Report 4642.aspx/ at Ch 30.