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Report of the Law Reform Committee on Online Gaming and Singapore

facilities for gambling without the requisite licence) applies to the provision of remote gambling facilities only if at least one piece of remote gambling equipment used in the provision of the facilities is situated in Great Britain, whether or not the facilities are provided for use wholly or partly in the UK.

107

Players in UK are free to access overseas Internet gambling sites. Regulation

only addresses those sites which are based in UK, with the underlying rationale being that while punters have a choice of gambling in a regulated environment or taking a chance with an overseas operator, they would be encouraged to gamble in a regulated environment. All gambling sites which are licensed will carry a kite-mark on their

websites.

108

Operators in UK are not required to refuse to accept customers in certain

jurisdictions though the Government has a reserve power to impose restrictions.

128

(5)

Location of the gambling activity

109

The presumption made is that regulated activity takes place where the operator

is based.129 The reason for this mode of regulation is described as follows:130

[The] player, wherever he is situated, must go to the operator’s site to take part in the gambling event and a bet is not struck until it is accepted by the operator. At its most fundamental, the analogy is of an overseas citizen choosing to travel to UK and gamble in a properly regulated establishment …

(6)

Advertising

110

Sections 330 and 331 of the GA make it an offence to advertise unlawful and

foreign gambling respectively. “Foreign gambling” is gambling that either physically takes place in a non-European Economic Area (“EEA”) state (non-remote gambling), or is gambling by remote means that is not regulated by the law of any EEA state. Section 331(3) provides that Gibraltar shall be treated as an EEA state, which means that the gambling operators who are based there will be permitted to advertise in the United Kingdom, and the section gives power to the secretary of state to specify other places and countries to be so treated.

111

Section 327 sets out what it means to advertise gambling. The definition is very

broad and covers anything that is done to encourage people to take advantage of facilities for gambling. It also covers bringing information about gambling facilities to people’s attention with a view to increasing the use of those facilities and extends the

128

Gambling Act 2005, s 355.

129

DCMS Position Paper at para 113.

130

DCMS Position Paper at para 113.

31

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