Report of the Law Reform Committee on Online Gaming and Singapore
Challenges and Options for Singapore
It is clear that the legislative framework on gambling in Singapore, which
primarily addresses land-based gambling activities, and enacted introduction of the popularity of the Internet and the World Wide Web well as current policy towards controlled gambling, is inadequate to
prior to the (“WWW”) as deal with the
myriad online gaming and gambling activities, whether Singapore. It also falls behind other significant jurisdictions
operating in or out of which have updated their
laws to Section
take into account the varied kinds of such relevant I of this paper. In particular, with reference to Section
online activities II of this paper:
The CGHA is unclear on the ambit of its operation and raises issues such as whether it covers a person who operates an online or virtual gaming house or a person who accesses such virtual gaming house.
The CGHA is over-inclusive, and appears to criminalise online gaming activities as distinct from online gambling, due to the wide definition of gaming in CGHA.
Based on the experiences of the other jurisdictions reviewed in this paper,
gambling and gaming. The options that have been adopted in other jurisdictions are:
Option 1 (US approach) – Enact legislation that expressly govern online gambling and target facilitators to online gambling websites. The US federal approach has directly enacted legislation to prohibit the acceptance of financial instruments for unlawful Internet gambling by gambling businesses. The US approach targets the facilitators to online gambling websites, particularly the financial services sectors and advertisers.
Option 2 (UK approach) – Directly regulate the acts of businesses or individuals that provide gambling facilities and premises by the granting of licences. Under the UK Gambling Act of 2005, anyone who wants to operate a remote gambling website will need to obtain an appropriate licence, and only the unlicensed provision of gambling activities and premises are criminalised.
134.3 Option 3 (Australian approach) – Enact legislation that prohibits the provision of online gambling services to domestic customers, but do not criminalise citizens or residents from accessing overseas online gambling services, and do not prevent the provision of online gambling services to customers in other countries. This is the approach under the IGA. Note, however, that there is a proposal to repeal the IGA and to liberalise online gaming.