Interesting exclusions on Brit governemt ads white list

[jetset]

BRITISH GOVERNMENT ANNOUNCES GAMBLING AD WHITE LIST

Isle of Man and Alderney acceptable, but not others

According to a British government "white list" issued this week, gambling companies licensed in jurisdictions such as the Isle of Man and Alderney are acceptable as UK advertisers, but others - including the Canadian Alexander First Nation, Tasmania and Curacao in the Netherlands Antilles - are not.

The status of the Kahnawake enclave in Quebec, Canada and the Caribbean island of Antigua is still under consideration by the Department of Culture, Media and Sport, whilst "jurisdictions" such as Belize and Costa Rica did not bother to apply, and operators in those areas are automatically banned from advertising in the UK.

The bans are part of a UK government crackdown on the advertising of gambling sites which do not meet its regulatory standards.

The UK Culture Minister, James Purnell said: “I make no apology for banning adverts from websites operating from places that don’t meet our strict standards. Protection is my number one priority. The fact that only Alderney and Isle of Man have been able to meet the high standards demanded from our white listing criteria shows how tough the Gambling Act is.”

[Simmo!]

Where does that leave Gibraltar and the fact that 888, Mansion and 32Red sponsor Premiership football teams?

[jetset]

Here's the entire release:

One thousand gambling websites face advertising ban

090/07

A Government crackdown on gambling adverts from places that don’t meet the UK’s strict regulatory standards will lead to about one thousand gambling websites being banned from advertising in the UK.


Regulations to be laid in Parliament today use new powers in the Gambling Act 2005 to ban gambling adverts from companies operating outside the European Economic Area (EEA). The move means that some popular gaming websites will not be able to advertise in the UK from September 1st 2007, when the Gambling Act comes into force.

Independent research suggests there are around 2,300 gambling websites worldwide. Antigua is considered to have the largest number with around 537 sites followed by Costa Rica (474), Kahnawake (Canadian Reservation) (401) and the Netherlands Antilles (343).

Jurisdictions who wanted to be exempt from the ad ban had to pass a stringent assessment of their regulatory standards.

The Secretary of State for Culture, Media and Sport, James Purnell, has rejected applications to join the exempted ‘white list’ from Alexander (Canadian Reservation), Netherlands Antilles and Tasmania. Applications from Kahnawake and Antigua are still being considered.

Gambling operators in jurisdictions that did not apply to be white listed are also automatically banned from 1st September too. These include major online gambling centres like Costa Rica and Belize.

Sites such as William Hill Casino, Betfred Casino and Poker, Interpoker.com and Littlewoodscasino.com are all currently based in non-white listed jurisdictions.

Only Alderney and the Isle of Man were able to demonstrate that they had in place a rigorous licensing regime designed to stop children gambling, protect vulnerable people, keep games fair and keep out crime. Countries in the EEA did not have to apply to be white listed.

James Purnell said:

“I make no apology for banning adverts for websites operating from places that don’t meet our strict standards. Protection is my number one priority. The fact that only Alderney and the Isle of Man have been able to meet the high standards demanded by our white listing criteria shows how tough the Gambling Act is. Indeed white listing has actually helped drive up regulatory standards in some countries.

“The Isle of Man, for example, has made significant improvements to their regulatory regime in order to secure a place on the white list. This includes requiring all licensees to make contributions to problem gambling research, education and treatment in line with requirement on UK operators.”

The ban will apply to all forms of gambling advertising from excluded jurisdictions including TV, radio, newspapers, magazines, taxis, buses, the tube and some websites. If operators, publishers, broadcasters and advertising companies break the rules, they could face fines or even imprisonment.

The Department for Culture, Media and Sport, will keep under review Alderney and the Isle of Man’s regulatory regimes to ensure that they continue to meet the white list criteria.

Figures recently published by the Gambling Commission found that over the four quarters to June 2007, 8.6% of the 8,000 adults surveyed had participated in at least one form of remote gambling in the previous month. If those only playing the National Lottery remotely are excluded, 5.9% of respondents had participated in remote gambling.

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Notes to editors

1. The Gambling Act 2005 bans companies based in countries, territories or jurisdictions outside the EEA from advertising foreign gambling in the UK, unless they can demonstrate that they have a satisfactory regulatory regime in place including measures that:

act to protect children and vulnerable people from being harmed or exploited;
keep out crime;
ensure that gambling is conducted fairly;
enforce compliance; and
ensure gambling operators are subject to rules on money-laundering and financial probity.
2. Jurisdictions also had to demonstrate that they adhere to fair tax principles. In particular, they were judged on openness, equal availability and equal treatment.

3. Guidance setting out the criteria that the Secretary of State employed when considering whether to permit gambling operators based in a country, territory or jurisdiction outside the EEA has also been published.

4. For companies not based in whitelisted jurisdictions to be able to advertise in the UK they need to move to the EEA or a jurisdiction on the white list or the jurisdiction in which they are based need to successfully reapply for a place on the white list.

5. The EEA comprises all member states of the EU plus Iceland, Liechtenstein, Norway. In this case it also includes Gibraltar.

6. Betfred Casino and Poker, Interpoker.com and Littlewoodscasino.com are all currently based in Netherlands Antilles.

7. The Gambling Act introduces a new regulatory regime for gambling advertising, standardising rules across the industry. Strict advertising codes of practice will be overseen by the Advertising Standards Authority which will bar advertisers from: encouraging irresponsible or excessive gambling; seeking to harm or exploit children, the young, or other vulnerable persons; directing advertisements at those under 18; or featuring people who seem to be under 25. The Gambling Commission and Ofcom will also have power to take action against gross or repeat offenders which, if convicted, could lead to imprisonment and/or a fine.

8. In addition to the ASA codes an industry voluntary code will also see a ban on gambling ads on children’s replica sports kits, a ban on broadcast adverts before a 9pm ‘watershed’ and the inclusion of gambling awareness signposting in adverts.

9. RSe Consulting was commissioned by DCMS to conduct an independent literature review and statistical analysis of remote gambling in 2006.

Press Enquiries: 0207 211 6052/6277
Out of hours telephone pager no: 07699 751153
Public Enquiries: 0207 211 6200

[kengam]

Where does this all leave Bryan and his Casinomeister site?

[jetset]

ALL CHANGE ON INTERNET GAMBLING JURISDICTIONS? (Update)

Following the British government white list, there may be some re-registering.....

Online gambling companies affected by the release of a "white list" of acceptable licensing jurisdictions whose licensees will be permitted to advertise in the UK (see previous InfoPowa report) were quick to react to the announcement.

The consensus appeared to be that re-registering in acceptable jurisdictions would not present insurmountable problems, whilst operators with Kahnawake and Antigua connections continued to hope that their jurisdictions would be approved by the DCMS.

Others pointed out that both Gibraltar and Malta were "approved" through their membership of the European Economic Area. Intercasino was one operation which confirmed that it would be fully licensed through Malta shortly, allowing it to advertise in the UK by September 1 when the new Gambling Act comes into force.

Betfred, which owns online casino and poker sites, also confirmed that it is considering alternatives to its current jurisdiction of Curacao.

Garth Kimber, who heads up e-gaming licensing on the Isle of Man confirmed that he had already received several enquiries in the wake of the government announcement.

Chairman of the Policy & Finance Committee for the States of Alderney, Richard Willmott said "To be one of the very first jurisdictions to achieve White Listing is a huge achievement and credit must go to the excellent AGCC team, and in particular Andre Wilsenach the CEO.

"The listing is also the best endorsement possible of Alderney's credentials as a highly reputable jurisdiction."

[spearmaster]

The ban will apply to all forms of gambling advertising from excluded jurisdictions including TV, radio, newspapers, magazines, taxis, buses, the tube and some websites. If operators, publishers, broadcasters and advertising companies break the rules, they could face fines or even imprisonment.

Early read: Casinomeister.co.uk is launched with advertising only from approved operators in approved or otherwise permitted jurisdictions.

That isn't going to be a major change, since a good number of the accredited sites here are already in the right jurisdictions. The few that aren't are probably already considering moving.

[Casinomeister]

Where does this all leave Bryan and his Casinomeister site?

Since when did I become a casino?

Actually, I have a server in the IOM anyway. And my business is located in the EEA. So I'm really not affected - I think.

This might be a good time to launch the UK site with only qualifying Casinomeister casinos. Makes sense and would probably be a good incentive for some casinos to do the right thing.

[vinylweatherman]

Great news!

Perhaps we will see some "backbone" from the Kahwanake when dealing with player complaints, I am sure their approval is far from a done deal at present.

It does raise the question as to whether affiliate sites that target the UK can still carry affiliate banners for casinos not in the approved juristictions. It would be down to who was deemed to be the advertiser, the affiliate (with site served from the EEA, or the casino whose banner is shown). If Kahwanake fail to win approval, this becomes an issue with all those MG casinos based there.
With any luck, it could be a further blow to the Virtual group, as any attempt to market to the UK, and maybe ANY EU country, will become illegal.
As well as the scramble to reregister, I am sure there is a scramble for viable loopholes from the operators who know they stand no chance of making the white list.

[thelawnet]

The status of the Kahnawake enclave in Quebec, Canada and the Caribbean island of Antigua is still under consideration by the Department of Culture, Media and Sport, whilst "jurisdictions" such as Belize and Costa Rica did not bother to apply, and operators in those areas are automatically banned from advertising in the UK.

Both of these 'jurisdictions' are a complete joke and provide no kind of regulation whatsoever - I attempted to contact both Kahnawake and Antigua in the past, and neither gave any kind of response.

I will be in touch with the Minister to ensure that they are not fooled by these two rather worthless entities.

[Christoff]

Where does that leave Gibraltar and the fact that 888, Mansion and 32Red sponsor Premiership football teams?

It doesn't affect them at all - anyone is allowed to sponsor a football team but gambling companies need permission from the Gambling Commission first.