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Interesting exclusions on Brit governemt ads white list

Discussion in 'Casino Industry Discussion' started by jetset, Aug 9, 2007.

    Aug 9, 2007
  1. jetset

    jetset Ueber Meister CAG

    Occupation:
    Senior Partner, InfoPowa News Service
    Location:
    Earth
    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 dont 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.
     
  2. Aug 9, 2007
  3. Simmo!

    Simmo! Moderator Staff Member

    Occupation:
    Web Dev.
    Location:
    England
    Where does that leave Gibraltar and the fact that 888, Mansion and 32Red sponsor Premiership football teams?
     
  4. Aug 9, 2007
  5. jetset

    jetset Ueber Meister CAG

    Occupation:
    Senior Partner, InfoPowa News Service
    Location:
    Earth
    Here's the entire release:

    One thousand gambling websites face advertising ban

    090/07

    A Government crackdown on gambling adverts from places that dont meet the UKs 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 dont 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 Mans 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.

    top

    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 childrens 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
     
    3 people like this.
  6. Aug 9, 2007
  7. kengam

    kengam Dormant account

    Where does this all leave Bryan and his Casinomeister site?
     
  8. Aug 9, 2007
  9. jetset

    jetset Ueber Meister CAG

    Occupation:
    Senior Partner, InfoPowa News Service
    Location:
    Earth
    Update

    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."
     
    1 person likes this.
  10. Aug 9, 2007
  11. spearmaster

    spearmaster RIP Ted

    Occupation:
    Devil's Advocate
    Location:
    Heaven
    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.
     
  12. Aug 9, 2007
  13. Casinomeister

    Casinomeister Forum Cheermeister Staff Member

    Occupation:
    Homemaker
    Location:
    Bierland
    Since when did I become a casino? :p

    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. :D

    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.
     
    Last edited: Aug 9, 2007
  14. Aug 9, 2007
  15. vinylweatherman

    vinylweatherman You type well loads CAG MM

    Occupation:
    STILL At Leisure
    Location:
    United Kingdom
    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.
     
  16. Aug 10, 2007
  17. thelawnet

    thelawnet Dormant account

    Occupation:
    programmer
    Location:
    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.
     
    1 person likes this.
  18. Aug 10, 2007
  19. Christoff

    Christoff Experienced Member

    Occupation:
    Media Auditor
    Location:
    Spain
    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.
     
  20. Aug 10, 2007
  21. GrandMaster

    GrandMaster Ueber Meister CAG

    Occupation:
    Mathematician by day, online gambler by night.
    Location:
    UK

    The last time I looked the regulations only apply to traditional forms of advertising, not to the internet. What it means is that the next time you go the toilet in a pub, you will see an ad for an online casino based in an approved jurisdiction.
     
  22. Aug 10, 2007
  23. spearmaster

    spearmaster RIP Ted

    Occupation:
    Devil's Advocate
    Location:
    Heaven
    Are you sure about that? According to Jetset's report:

     
  24. Aug 10, 2007
  25. GrandMaster

    GrandMaster Ueber Meister CAG

    Occupation:
    Mathematician by day, online gambler by night.
    Location:
    UK
    After reading the relevant sections again, it looks like the prohibition applies to pretty much all websites (except those that take special measures to ensure that they cannot be accessed from the UK). Casinomeister.com will be illegal in the UK. A travel agent organising trips to Las Vegas will also be guilty of advertising foreign gambling.
     
  26. Aug 10, 2007
  27. spearmaster

    spearmaster RIP Ted

    Occupation:
    Devil's Advocate
    Location:
    Heaven
    Surely it can't be that serious... that would take out a ton of UK webmasters overnight... do you have a link to the relevant document? TIA...
     
  28. Aug 10, 2007
  29. GrandMaster

    GrandMaster Ueber Meister CAG

    Occupation:
    Mathematician by day, online gambler by night.
    Location:
    UK
    You must register/login in order to see the link. and following sections.
     
    1 person likes this.
  30. Aug 11, 2007
  31. Casinomeister

    Casinomeister Forum Cheermeister Staff Member

    Occupation:
    Homemaker
    Location:
    Bierland
    I think this would pertain to UK companies only and Casinomeister.com is not a UK company. I don't think the UK government is going to start dictating what non-UK companies can or can't advertise. I would guess that a .co.uk site would have to conform to this. That would be reasonable and easily doable.
     
  32. Aug 11, 2007
  33. spearmaster

    spearmaster RIP Ted

    Occupation:
    Devil's Advocate
    Location:
    Heaven
    I would ask your lawyer, Bryan. My reading of that particular section that Grandmaster provided the link to is a bit more ominous than I first thought, but essentially my earlier point in this thread appears to be the right was forward.

    You only commit an offense by promoting an operation located in a non-EEA or otherwise approved state. But just sending an email is enough to commit an offense as well.

    Whether or not they would chase you for such an offense is debatable - however, I wouldn't want to be risking my ability to travel in, to, and through the UK.
     
  34. Aug 11, 2007
  35. Casinomeister

    Casinomeister Forum Cheermeister Staff Member

    Occupation:
    Homemaker
    Location:
    Bierland
    Yeah, I'll send this off to legal :D

    Next thing - they'll want me to start driving on the wrong side of the road. :rolleyes:

    A good lot of the accredited casinos are already licensed in UK approved jurisdictions. And it's an easy fix - UK visitors won't get served banners from non-UK approved sites. I already do this for the US; they have no banners really.
     
  36. Aug 11, 2007
  37. jetset

    jetset Ueber Meister CAG

    Occupation:
    Senior Partner, InfoPowa News Service
    Location:
    Earth
    Update

    ANTIGUA CONFIDENT IT CAN MAKE THE UK ADVERTISING WHITE LIST

    Caribbean licensing jurisdiction says it its requirements are parallel to those of the Gambling Commission

    With online gambling companies and licensing jurisdictions still mulling their next moves in the wake of the UK government's decision to restrict gambling advertising to operations with credible licenses (see previous InfoPowa reports) officials of the Caribbean nation of Antigua and Barbuda have told local newspapers that they were confident of making the "white list".

    Earlier in the week when the UK's Department of Culture, Media and Services released their list of acceptable licensing jurisdictions, it indicated that the suitability of Antigua and Kahnawake in Canada was still under consideration.

    Only two jurisdictions have been initially recommended for approval namely the jurisdiction of Alderney and the Isle of Man. Applications from Antigua and Barbuda and Kahnawake are still receiving consideration, whilst applications from Alexander (Canadian Reservation), Tasmania (Australia) and Netherlands Antilles have been rejected by the Secretary of State for Culture Media and Sport, James Purnell.

    Gibraltar and Malta are approved under the umbrella of being in the European Economic Area.

    The Antiguan Minister of Finance and the Economy, Dr Errol Cort told Caribbean News that he remains confident that Antigua and Barbuda's application for a UK "Whitelisting" will receive approval in due course, given that the jurisdiction's regulatory and licencing objectives are parallel to the United Kingdom's intended remote gaming regulatory regime. Both promote the prevention of underage gaming, protection of the vulnerable, fairness in all games and the combating of illicit activities and financial crimes, he said.

    Director of Gaming in Antigua, Kaye McDonald underscored the Minister of Finance's comments with respect to the jurisdiction's regulatory and licencing framework and believes that the application process provides an opportunity for governments and regulators to work collectively to continuously improve the regulatory environment associated with remote gaming.

    Cort emphasised that the UK's "whitelisting" is an on-going process and stated that Antigua looks forward to working with the United Kingdom on the jurisdiction's application and with other proactive governments across the globe to further develop international standards.
     
  38. Aug 12, 2007
  39. jetset

    jetset Ueber Meister CAG

    Occupation:
    Senior Partner, InfoPowa News Service
    Location:
    Earth
    Update

    UK ADVERTISING BAN SPURS ONLINE GAMBLING COMPANIES (Update)

    From betting groups to jurisdictions, the 'white list' is creating change

    The publication of a UK government 'white list' identifying online gambling jurisdictions which are regarded as acceptable homes for companies that wish to advertise in Britain continued to reverberate throughout the industry this week as companies and jurisdictions alike manouevred for better positioning.

    Antigua reacted to the news that it was not on the list but still under consideration (see earlier InfoPowa report) by pointing out that it had similar objectives to the British authorities and was confident that it could qualify.

    Garth Kimber, who heads up e-gaming licensing on the Isle of Man confirmed that he had already received several enquiries from gambling companies seeking a new (and white listed) jurisdiction in the wake of the government announcement.

    Only two jurisdictions have been named as approved, namely the jurisdictions of Alderney and the Isle of Man. Gibraltar and Malta qualify under the umbrella of being in the European Economic Area.

    Applications from Antigua and Barbuda and Kahnawake are still receiving consideration, whilst applications from First Alexander (Canadian Reservation), Tasmania (Australia) and Netherlands Antilles have been rejected by the Secretary of State for Culture Media and Sport, James Purnell. Belize and Costa Rica did not apply.

    The Betfred group is changing licensing from Curacao to Gibraltar according to press reports, and over the weekend The Independent newspaper claimed that betting giant William Hill is also to switch from Curacao to license there. Gibraltar, an EEA territory, already hosts Ladbroke's online gambling operation, as well as those of 888.com, PartyGaming and other online gambling grouips like St Minver.

    The British government Department for Culture, Media and Sport has rejected applications from the Dutch Antilles and Tasmania to be included on the white list.

    DCMS argues that its tough stance is helping to drive up regulatory standards. "The Isle of Man, for example, has made significant improvements to their regulatory regime in order to secure a place on the white list," said the Secretary of State for Culture, Media and Sport.

    The comment that regulatory standards may be given a boost by the publication of the white list could well be on the mark. The Netherlands Antilles jurisdiction, based in Curacao has been quick to react to the news that it is not acceptable. Other online gambling sites operating from the Dutch Antilles include well-known brands such as Interpoker.com and Littlewoods Casino.com, and it is possible that these companies will also switch to a more convednient licensing regime

    In a statement, officials of the Netherlands Antilles government said that it has "taken notice of the letter containing the decision of the UK Secretary of State for Culture, Media and Sport, to not accept the recently made application to be white listed prior to the UK Gambling Act 2005 coming into effect on September 1st."

    The statement went on to reveal that the "....remaining questions about the scope and scale of regulatory presence which were raised by the UK" have since been resolved with the passing and implementation of new legislation, "....of which the UK has seen an advanced draft.

    "This new legislation and its accompanying regulations has been accepted by the [Netherlands Antilles] Council of Ministers and is now progressing through parliament in line with the timeline communicated to the UK DCMS, being December 2007.

    "In preparing this legislation the Government of the Netherlands Antilles has worked closely with the CIGA, the industry trade association of the Netherlands Antilles and is confident that the approval of both the UK DCMS and CIGA suggests that this is a well balanced piece of legislation that will meet the needs and standards of all stakeholders in what is an important regulatory issue."

    The officials revealed that Curacao has been told by the DCMS that it is prepared to reconsider the jurisdiction's application when [December 2007] the new legislation is signed into law.

    The advertising ban starts on 1 September and will apply to all forms of gambling advertising including TV, radio, newspapers, magazines, taxis, buses, the tube and some websites. The DCMS said it will affect around 1 000 gambling websites, including some popular gaming sites.
     

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