The protection of the consumer in the remote gaming industry : perspectives from Maltese and European law and policy

Abstract

As the leading remote gaming regulatory regime in Europe, Malta was a forerunner in recognising and implementing measures to regulate remote gaming. As early as the year 2000, Malta already had the framework in place to regulate online betting through the Public Lotto Ordinance (LN 34 of 2000), and with the new framework under the Remote Gaming Regulations (SL 438.04) of 2004, Malta became the European pioneer on the regulation of a completely novel and lucrative entertainment market. However, online gambling presented a considerable problem and challenge: a significant social risk. This work will analyse the mechanisms in place for protection of consumers, be they experienced players, the general public, or minors and other vulnerable groups. The end goal will be to see whether the fourteen year old Maltese legislation and regime has withstood the impact of new technologies on the industry – what still works, what could be tweaked, what requires a regulatory overhaul and suggesting numerous changes and improvements to the ultimate benefit of the consumer, from whichever corner of the digital world one might hail from. The analysis also includes an overview and assessment of the impact resulting from the action, or inaction, on remote gaming taken at the various institutions and MS of the European Union, as well as measures incidental to such activities, and how this may affect the consumer and the industry.