Introduction:
Since the past few years gambling has been a hot topic among many countries. It’s the source of entertainment, for some it’s a platform to show their skills and for some, it’s the lucky money. Gambling involves high risk, and it’s a game of probability, there is no guarantee of success every time. It is a game of permutations, combinations, and probability.
Due to psychological and moral issues Gambling has been a topic of debate among many countries. As it has a deep psychological effect on the users. According to “Fyodor Dostoevsky” a Russian novelist the people associated with gambling with the thought of getting rich in a short period have a deep psychological impact, they get addicted to this and eventually it results in helplessness and anxiety.
Although there is no agreement among the countries to control gambling on an international level. And on a national level, different countries have different protocols and laws for different states. On a general level, the regulation of gambling is difficult. There are
Several types of gambling such asElectronic games, Casinos, Card Games, Table, Coin Tossing, Betting on Sports Games, Coin Tossing, Dice Based Games, Online Gambling, Parimutuel Betting, and Bingo.
Above mentioned games are the major types of gambling which are recklessly practiced worldwide.
Countries With Legalised Gambling:
Many countries have legalized gambling. Every country has separate laws for different types of gambling. They have a separate law for each type of gambling game.
Following is the list of countries that are considered major markets for gambling businesses. New Zealand, United Kingdom, Thailand, India, China, Canada, USA, Australia, Ireland, and Finland. These are some of the countries where gambling is done massively. Although, interestingly there are several countries where gambling or any such kind of thing is strictly prohibited. Brunei and the United Arab Emirates are some of the countries where you can’t gamble because it is against their cultural ethics. In North Korea, gambling is allowed only for tourists with guided tours. Gambling for local people is not allowed. In many countries, the legalization of gambling differs from State to state. For example, in the USA, federal law for gambling depends on state to state. In some states it is legal and in some states, it is strictly prohibited.
For a long time gambling was illegal in Japan, but recently in some areas gambling has been legalized and the establishment of various casinos has been done. Thus it depends on what kind of gambling is done.
Internet Gambling: legal or illegal?
Recently, Internet gambling has been a controversial discussion. At the time when the internet boomed up in the 21st century, many things came into action, one of them was Online gambling, since then it has been in the limelight. Many countries have considered it, with the same or different strategies. Due to its huge popularity, gambling has taken an illegal turn in many countries. For many countries, it is very difficult to keep track and operate such a huge amount of money transactions as foreign transactions are being made too. That is why for many countries online gambling is not healthy. Thus it is very difficult to understanda legalized pattern for gambling.
In Africa availability of the internet is a critical problem, due to which there are no issues of illegal gambling. But in a country like India, due to the high population ratio and high use of the internet, it is very difficult to prohibit illegal gambling.
In countries like Canada, the regulation of online gambling is not illegal as provided by its Act. As per the legislation, the legalization of gambling is not clear additionally, there is no proper procedure to regulate online gambling.
In some states of the US, gambling is legalized but in some states, there is still an issue with the legalization of gambling. In countries like Japan, China, Japan, the UK, Spain, France, Thailand, and Australia there is a law to provide legislation to regulate online gambling. In India, online gambling is legally regulated in two states only Goa and Sikkim.
Gambling regulation & legislation in North America.
For regulating gambling, there are many federal laws in America. The laws differ from State to State, they have their law for regulating gambling. Due to the federal laws, there are still some restrictions for online gambling in the United States of America.
The Unlawful Internet Gambling Enforcement Act, took place in 2006, focusing on the money transactions used for the gambling business. This act took place to stop the use of ‘restricted transactions’ in online gambling.
The other important Act that happened was the Interstate Wire Act in 1961, focusing on the prohibition of interstate betting by use of wire communication. This act took place to stop the betting for any sports or game events except if it is legal in both states.
Gambling regulation & legislation in Canada:
Section 201- 207, by the Criminal Code of Canada, provides for laws relating to gambling and betting. In Canada gambling is regulated on the Federal level. According to Federal law in Canada, all kinds of gambling are prohibited. Section 204 provides certain exemptions such as lawful races, sports games, pari-mutuel, and betting systems.
Additionally, section 207 provides lotteries for the legalization of gambling by the Government. For the legal regulation of online gambling, the minister of agriculture and agri-food is responsible. Other than this, Ontario has laws regulated by the Gaming Corporation and Ontario Lottery Act, 1999 and it is regulated by Gaming Control Act.
Gambling regulation & legislation in Mexico
In Mexico, gambling is practiced by the Gaming Regulations. except for the National Lottery, Every possible gambling is regulated by the Gaming Regulations. The National Lottery has its protocols for the regulation.
Gambling regulation & legislation in Europe.
In matters like trade and transportation, the European Union works as a one-state. When it comes to gambling there is only one specification, that is, every country of the EU has to follow which is provided by the Treaty on the Functioning of the European Union (TFEU).
In any country of the European Union, several provisions are provided for the functioning of businesses. Some fundamental freedoms are provided under the treaty. In some countries gambling games except for poker or casinos are restricted. Although some countries have strict regulation laws for online gaming as well. Like in France, there are different laws for betting, horse racing, and online gaming. In Italy, there are liberal laws for the regulation of online gaming.
Gambling regulation & legislation in the UK
In regulating gambling UK has a very standardized structure. One of the major acts regarding gambling took place in 2005 Known as the Gambling Act. In the UK there are very strict and specific laws for the different types of games. The laws were made to limit the crimes in the country. This act is also associated with the provisions of licensing and oversee the activities of gambling as well.
There are several other legislations to concentrate on particular games like
Categories of Casino Regulation 2008, Horserace Betting & Olympic lottery Act 2004, and Gambling ( Advertising and Licensing) Act, 2008. There are other legislations present to establish a structured pattern for the rules and regulations of gambling in the UK.
Challenges and issues faced in implementing gambling laws:
While implementing gambling laws there are different laws over different regions, it is really difficult to examine the state and region where gambling is practiced as a Culture. Due to this reason, the laws vary from country to country and state to state. In countries like European Union, India, and the USA, it is necessary to give allowance to change the gambling rules according to the state.
A broad aspect
Another major issue is that the definition of gambling is based on three aspects that are price, consideration, and result. These aspects are the same for all the world. Although these laws and not very hard to implicate when there is an overlap of these aspects or many other aspects are provided, then implications of such laws are a major concern. Especially when it comes to the internet or online gambling, the risk increases, and the skill of taking a chance changes from game to game.
Booming Internet
The fast, unbound and booming Internet has created several major issues for gambling businesses. In some countries like India itself, it is very difficult to regulate online gambling. There are several issues with online gambling and there is a huge risk with the privacy concern, which is a major factor. There is an issue with monetary factors too. If these issues are not resolved then there will be an increase in trafficking, hacking, fraud, phishing, and many other crimes which may cause major damage. Crimes associated with online gambling are increasing, day by day and thus for. the government is a major concern to regulate the laws.
Jurisdiction
Jurisdiction is the other major issue faced by online gambling. This issue is very critical to resolving as in case of a dispute, a problem associated with jurisdictionally is critical as the other party could be in a foreign land. Although there are several laws for the same in some places, they are not effective enough. People are not familiar with these laws, so they can use them in case of fraud or a dispute. This issue can arise within the same country as there are different laws for different states. Many issues associated with Jurisdiction are resolved but due to the new booming online gaming, there are several new issues faced by the regulators.
In the presence of federal law, many major concerns have been neutralized.
Every factor has two sides, a bad and a good, likely there are several advantages and disadvantages of having gambling laws, the major pros and cons are listed below:
Advantages of having gambling laws:
- Even after various restrictions, people manage to gamble in some or the other way, so it’s better to legalize its regulation.
- With the same laws for gambling in every possible place, it will be easy to keep track of the gambling money or other valuable things used by the public, and eventually, it will be better for the economy.
- The black money can be stripped up limit by legalizing gambling
- With the laws, there will be fewer crimes.
The allowance of gambling will bring out employment opportunities, such as building a casino and much more, and it will help create a better infrastructure for that city. - By providing a great structure to gambling, it will be helpful to increase foreign exchange.
Disadvantages of having gambling laws:
- There will be a huge impact on the already existing gambling industry and businesses.
- People involved in gambling are deeply addicted, and after a point of time, it will bring uneasiness among the gamblers which will eventually lead to criminal and succumbing activities.
- Not having any law will bring out the people who were not playing before and were unaware of this, which can bring a rise in the numbers of gamblers, consequently, it will lead to more fraud, crimes, and cheating.
Conclusion
Since time immemorial, gambling has been a part of human life, it is really difficult to restrict the practice of gambling from the places where gambling has been practiced for a long time.
With the arrival of the ceaseless internet, there’s a huge rise in gambling and thus as it has various drawbacks it is very important to look after the drawbacks. Additionally, in the States where they have their state laws should respect the cultural differences that a place can have, and the balance between the federal and state laws should be maintained. In the upcoming times, the major issues associated with gambling are the legal regulation of online gambling and the jurisdictional issues with a foreign country. In the UK the federal laws are structured in a very sophisticated way and countries like India must consider the same.