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Steve Toneguzzo
 

Protect Your License - Responsible Gambling

12 December 2001

Using the analogy of road safety, the builder of the roads can design the roads for safety; they can provide warning signs on the road. The drivers can be trained in road safety. The standard of the car on the road can be defined (e.g. seat-belts, air-bags, etc.). In times of trouble, a quick response time from police and ambulance can be provided. Not one of these measures can be successful in isolation. The technology, the environment, the education, the help and the warnings must all be considered in a holistic approach to road safety. Similarly, the approach to responsible gambling has to be multi-faceted (see list below).

However, despite taking all reasonable care in a holistic approach to road safety, if the driver steps on the accelerator and not the brake when heading for red light. . . Well, what can you do?

Perhaps you can make sure you are not irresponsibly directing the driver's foot toward the accelerator and you can make sure that the driver has been informed to at least be aware that the accelerator makes the car go and not stop. Unless you are going to take away the freedom to drive (I might point out our society does just that for repeat offenders), one must respect that a human being is capable of freedom of choice.

Perhaps gambling operators and governments do have a duty of care to ensure players are educated sufficiently to make an "informed choice," as in most cases, a person presented with sufficient information to empower them to make an informed choice will make a reasonable decision. However, not all of us are reasonable and some degree of regulating an individual’s utility function is required. This is why bet limits are set, for example. Gambling is an activity that is generally accepted as being an entertaining one, however for a few, there are inherent dangers.

A corporation has a legal obligation to its shareholders to maximize profit. A government has an obligation to support industry and to its citizens to ensure they are not harmed. That is, a role of government is to ensure a balance, to "regulate."

For the above reasons, it is often suggested that self-regulation of gambling just does not work in the interests of player protection. Instead, good regulation seeks to ensure a balance between maximizing the profits of a gambling licensee and consumer protection. The risk to players is considered greatest with unregulated or self-regulated operations. A good regulator seeks to provide players with a trusted alternative. It seeks to achieve this objective by defining a set of requirements to which licensed operators must consider, and against which, they will be assessed for compliance.

The regulatory framework, as it relates to protection of players, seeks to ensure:

  1. in all cases the control objective of collusion is realized;
  2. there are checks and balances to ensure the integrity (fit and proper status) of the regulator;
  3. only fit and proper persons own, operate and profit from, an Internet gambling site and must hold a license to do so;
  4. all reasonable care is taken to protect under-age persons from gambling;
  5. advertising, messages and game presentation is not misleading;
  6. players are informed;
  7. players are referred to problem gambling help;
  8. only licensed or approved games may be offered;
  9. games are fair and not able to be pre-determined or "rigged";
  10. privacy of player information is protected through appropriate security and other measures;
  11. player funds are protected, accounted for and able to be recovered in the event of a disaster;
  12. licensees must demonstrate a clear ability to pay all prizes;
  13. players have an assurance they will be paid any winnings;
  14. players must be empowered to control their environment to some extent (e.g. set bet limits or session times);
  15. there must be an ability to exclude players who demonstrate continuous problems;
  16. players have a right of appeal to the regulator on matters of dispute;
  17. games and player account management are not conducted in an ad-hoc manner, but rather in accordance with well-defined systems of internal controls and operating procedures (ICOPs);
  18. all systems and technology are independently tested for compliance with regulatory requirements and audited for continuing compliance on an ongoing basis;
  19. licensed operators commit an offence by knowingly allowing defective or malfunctioning equipment or software to be used;
  20. the regulator has the power to give enforceable directions to licensed operators to ensure games are conducted in the manner intended when the approval was granted; and
  21. approvals granted for games, equipment, software and procedures would be able to be withdrawn or modified if the regulator forms the view that it is in the public interest not to allow the approval to continue. In extreme cases, sanctions may be provided and a license may be withdrawn.

Well all, enjoy your Christmas or holiday break and New Year. Back in 2002. . .

Protect Your License - Responsible Gambling is republished from iGamingNews.com.
Steve Toneguzzo
Steve Toneguzzo