• Proposed crackdown on online poker and casino advertisements

November 24, 2005 - In a recent speech at the British Casino Association AGM, Tessa Jowell, the Secretary of State for Culture, Media and Sport (DCMS), promised a crackdown on illegal online casino and poker advertisements. Section 42, Gaming Act 1968 Section 42 of the Gaming Act 1968 regulates online casino and poker advertisements and, amongst other matters, prohibits advertisements that invite the public to subscribe money or to apply for information about facilities for subscribing money in respect of gaming. It is not completely clear how this section is to be interpreted, especially in relation to on-line advertisements; questions have been raised about how widely the courts would view the prohibition, and some advertisers take a more liberal view than others. Even on a liberal interpretation, numerous operators appear possibly to be in blatant breach of the rules; it is also not uncommon to see advertisements for online casinos or poker rooms that appear to do exactly what section 42 is attempting to prevent. Enforcement of section 42 In recent years, the Gaming Board has not been particularly active in enforcing section 42 and as a result, advertisers who circulate advertisements that appear to breach the rules have not faced prosecution. We are also not aware of any formal prosecution action having been taken by the Gaming Board in respect of an online operator. The future On the basis of Tessa Jowell’s speech, it appears that the current, rather uncertain position, maybe about to change. Ms Jowell stated that she is not willing to turn a blind eye to operators that knowingly break the law, and that she has agreed with the newly launched Gambling Commission that there should be a crackdown on such operators. The crackdown will be accompanied by guidance for online operators and advertisers, which will presumably provide guidance on how to advertise within the constraints of section 42. The guidance, which the DCMS has advised will be published in the next two or three weeks, will hopefully shed some light on the correct interpretation of section 42. The involvement of the Gambling Commission in the proposed crackdown can also perhaps be taken as an indication of the priorities of the Commission going forward. The Commission only became operational in October and the enforcement provisions of the Gambling Act 2005 are not yet in force, but it appears that it is already taking its enforcement duties very seriously. The crackdown appears likely to require the Commission to take action against offenders under the current (soon to be "old") law, where its predecessor, the Gaming Board, did not frequently do so. For more information please contact kate.jackson@addleshawgoddard.com and paul.renney@addleshawgoddard.com

> Read the full story here Source: Ateonline.co.uk

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