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Kesitilwe highlights a recent study by Gaming Compliance International that estimated around 77% of Africa’s gambling market is offshore.
He believes the success of Africa Safer Gambling Week will largely be assessed on whether that channelisation improves by the next edition.
He warns governments and policymakers often misunderstand the primary causes of problem gambling, and therefore enforce measures that squeeze licensed operators and drive the illegal market.
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Furthermore, the text maintains obligations for monitoring and institutional cooperation, with the provision of aggregated and anonymised data to the competent authorities. It also provides for actions by the executive branch aimed at monitoring the impacts of betting, training health professionals, updating care protocols and periodically disseminating information on the effects of the activity.
Application providers, digital platforms, hosting services and media intermediaries must remove irregular advertisements and campaigns after notification from the competent authority. The rapporteur’s version requires that the notification clearly and specifically identifies any content deemed irregular and ensures the right to a fair hearing and full defence. Journalistic, academic, parliamentary, artistic and opinion content are expressly protected.
Operators and companies linked to them are also prohibited from acquiring, licensing, or exploiting rights to sporting events held in the country. In the area of administrative penalties, the rapporteur’s text incorporates the new infractions into the existing sanctions system in Law 14.790 of 2023, which provides for fines of up to BRL2 billion ($392.8 million).
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Notably, it has also provided insight into the evidentiary standards French courts expect operators to meet before taking corrective actions that could be subject to legal challenge.
The regulator identified six key categories of fraud frequently encountered in online gambling. These included identity fraud, payment fraud and abusive chargebacks. It also covered in-game cheating, money-dumping and sporting event manipulation
For each category, the guide explained pertinent legal provisions and recommended operational actions.