程阳：欧洲互联网博彩版图的变迁

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the European online gambling layout changes

The 2014 LGR Report not only promises a detailed look into the status of the land-based casino industry in the different European countries, but also describes how several of our members are coping with the challenges and opportunities of online gaming, especially now that it is becoming regulated in more and more European countries. It is clear that there is no standard answer on how to deal with online gaming, other than to simply use the opportunity to offer our services through an additional channel of distribution. This development helps our members stay in touch with their customers, even when they are not onsite. The extent to which our members are able to make use of these additional services depends on the market regulations in their home country. That is, whether online gaming is legal and, if so, how well their market is protected against illegal operators.

Illegal online gambling services are, as in large parts of the world, still a big problem in many member countries. The remarkable thing is that in some regulated countries, the newly licensed online operators, who were previously offering their services illegally, are now claiming that regulators do not do enough to fight the (remaining) illegal operators. These newly licensed online operators are now complaining that the playing field is not even and the competition unfair. Although this is clearly a case of the pot calling the kettle black, these newly licensed online operators are now beginning to understand the real issues at stake.

Online gambling involves a greater risk of addiction than land-based gambling due to the lack of direct contact between the consumer and the operator as well as the omnipresence of the games on the internet. There is a need for control and supervision of gambling activities on a national level, as well as measures to enable gambling to be conducted properly, fairly and transparently. In addition, the risks to the safety and well being of consumers inherent to illegal online gambling seem to be grossly underestimated by some. Illegal operators generally do not abide by any consumer protection or anti-money laundering rules, fraud prevention measures, or taxation obligations.

In contrast with land-based operators, illegal online gambling operators do not offer any guarantees to consumers in terms of the protection of assets, payment of winnings, integrity of games or guarding against excessive gambling. Any and every consumer protection measure has no effect on illegal gambling services, because of the very fact that they are operating illegally. They simply choose not to follow the rules. This is why time and effort should be focused on enhancing the fight against illegal gambling operators in order to create a safe gaming environment for European consumers. This means that illegal gambling websites should face strict action by competent authorities. Time and time again, this issue of illegal online competition has been raised by the landbased casino operators. But in the past, since the proposed measures were not backed by the EU, national politicians and regulators would not support our recommendations.

As a result, LGR agrees that, in the fight against illegal gambling and betting, the identification of best practices is a worthwhile initiative by the current Italian presidency. LGR believes that combatting illegal gambling, along with the dangers illegal gambling entails for consumers, should be a focal point for the EU. LGR likewise believes that the Subsidiarity Principle, which enables member states to implement the most effective and appropriate enforcement measures, should be maintained.

Ideally, cooperation, including the sharing of best practices about how to fight illegal online gambling, should be global. This is simply based on the nature of the internet. A wide range of possible tools available to prevent unlicensed operators from offering their services illegally already exist. These include blacklisting, blocking illegal sites, establishing secure and traceable payment methods, blocking financial transactions and controlling illegal advertising, etcetera. No measure, by itself, suffices. The strength lies in the member states applying a combination of several tools to protect their citizens in accordance with their own gambling policy. On many occasions, the most effective measure has proven to be the arrest and prosecution of the (ultimate beneficial) owners of illegal operations. Measures have to be severe, because, at the end of the day, there is no room for criminal behaviour in regulated gaming markets.