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Legislation

Group of Online Gaming Platforms made a statement towards the ruling of the Supreme Court regarding online gaming regulation

Friday 15 de September 2023 / 12:00

2 minutos de lectura

(Santiago de Chile).- Carlos Baeza, legal advisor to online betting platforms Betano, Betsson, Coolbet and Latamwin made a statement in relation to the ruling of the Supreme Court, issued in the Income Protection Appeal No. 152.138-2022.

Group of Online Gaming Platforms made a statement towards the ruling of the Supreme Court regarding online gaming regulation

Carlos Baeza, legal advisor to online betting platforms Betano, Betsson, Coolbet and Latamwin declares: In relation to the ruling of the Supreme Court, issued in the Income Protection Appeal No. 152.138-2022, which indicates that Mundo Pacifico S.A. “cannot transmit or promote games of chance” and orders the blocking of the websites indicated in the appeal, we find it necessary to point out:

1. We regret the drastic and sudden change of opinion of the Third Chamber of the Supreme Court, which just one year ago, on August 31, 2022, determined with a unanimous ruling on an identical Appeal for Protection Presented in the Court of Appeals of Santiago (CS Role No. 60,055-2022), also against Internet service providers, that a Protection Remedy “is not the ideal means for this purpose,” because it is an exceptional constitutional action.

2. We do not share any of the arguments that the Third Chamber has used for this latest ruling, neither in constitutional, criminal nor civil matters:

to. Article 63 No. 19 of the Constitution establishes that the regulation of lotteries, racetracks and betting must be done only by law. This does not imply a prohibition, but rather a guarantee.
b. Articles 276 et seq. of the Penal Code, in force since 1874, do not include online betting as prohibited and sanctioned conduct.
c. Article 1466 of the Civil Code establishes a defect (illegal object) in the debt associated with a betting contract. This does not make the contract “illegal”, it only adds a cause for eventual nullity that must be judicially declared in each case.

3. We note that this ruling is one more in this matter, with several resolutions still pending in courts, which may or may not coincide with this new criterion expressed by the Third Chamber of the Supreme Court. It is important to affirm that public policies must be defined by the Executive Branch together with the Congress of Chile, and not in the judiciary. Therefore, this ruling should not alter the legislative process that we have supported from the beginning.

4. In the international context, it is also worth noting that there are no records that a similar ruling has existed in OECD countries. The legal systems of these countries seem to understand that the attempt to contain technological advance through judicial rulings is completely inconsequential. For this reason, the effective discussion has always been based in the legislative headquarters of said countries.

5. We maintain our firm support for the work carried out by the National Congress and led today by the Ministry of Finance and the Economy Commission of the Chamber of Deputies, who are making decisive progress in establishing modern regulation for the industry in Chile, which increases tax collection and that properly protects all users.

Categoría:Legislation

Tags: Sports Betting, Sportsbook , betting software, LATAMWIN,

País: Chile

Región: South America

Event

PGS, Perú Gaming Show 2024

12 de June 2024

Gambling regulation in Peru: evolution towards stability and legal certainty

(Lima, Exclusive SoloAzar) - From the repeal of the 20% tax by the Constitutional Court to the implementation of the Reorganisation and Formalisation Law, the regulation of gambling in Peru has undergone multiple changes. In this article, SoloAzar summarises the presentation by Dr. Constante Traverso, lawyer and head of APEJA, during the PGS, who underlines the need for a stable and fair public policy.

Wednesday 19 Jun 2024 / 12:00

Win Systems concludes a successful participation in Peru Gaming Show 2024

(Barcelona).- Win Systems, a leading technology provider for the gaming and entertainment industry, celebrates a successful participation in the recent edition of the Peru Gaming Show (PGS), which took place on June 12th and 13th at the Jockey Convention Center in Lima, Peru. The event was a perfect platform to showcase the company’s innovative solutions and cutting-edge products, specifically designed for the Peruvian market.

Wednesday 19 Jun 2024 / 12:00

The impact of AI on marketing campaigns, a featured topic at PGS 2024 conferences

(Lima, SoloAzar Exclusive).- Rony Vexelman, Marketing Manager of Optimove, presented the conference “Maximizing AI, the evolution of roles in iGaming”, within PGS event, held last week in Peru. From SoloAzar we share the highlights of the talk that shows how AI impacts online gaming and sports betting marketing campaigns.

Tuesday 18 Jun 2024 / 12:00

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