The initiative began in a message from the Executive in the previous administration. In the current period, meanwhile, it had indications from the Government and the deputies. During this process he added reports from the Economy, Sports and Finance commissions. They were presented before the Chamber by deputies Miguel Mellado, Jorge Guzmán and Jaime Naranjo, respectively.

The text was generally supported in two votes. The general provisions were approved by 80 votes in favor, 36 against and 18 abstentions. Meanwhile, the special quorum rules obtained 97 votes in favor, 28 against and 9 abstentions. In particular, the separate votes ratified the articles dispatched by the commissions.

The standard aims to generate a competitive online betting market. In addition, it seeks to protect public faith, protect the health and safety of players, increasing tax collection through taxes.

Likewise, its purpose is to make transparent the origins and destination of the resources obtained through these platforms.

The law will establish the conditions and requirements for the authorization, operation, administration and supervision of platforms that allow online betting. Also, it prevents the access of children and adolescents to these platforms and the development of addictive behaviors related to the development of online betting.

The text prevents and punishes illegal gambling by expanding the catalog of crimes. At the same time, it regulates advertising and promotion activities, and protects the fiscal interest and the owners of the platforms that have an operating license.

Definitions
The text prohibits any type of commercially exploited betting and games of chance that do not have the respective authorization or regulation.

An online bet is defined as the act in which a user, remotely, risks an amount of money on events whose results are future, uncertain and/or unknown. This, with the possibility of receiving a monetary or monetary prize based on that result. While, the object of the bet is games of chance, forecast or draw.

In turn, it indicates what is understood by an online betting platform, operating license, platform registration and operator (or operating company). Also, it specifies terms such as license application, technical standards and betting account. Likewise, it specifies what is meant by user, certifying entities, final beneficiaries, ancillary services and business group.

Specifically, a semi-open market is created subject to the authorization of the Superintendency of Casinos and Games, which will be renamed “Superintendency of Casinos, Betting and Games of Chance.” In this regard, operating companies must comply with a series of formal requirements.

Likewise, a “National Responsible Gambling Policy” will be created by the Ministry of Finance. This will be done following a report from the Superintendency and the Ministry of Health. This last portfolio will be linked to this policy from the perspective of preventing diseases such as gambling addiction.

Collection and supervision

Each online betting platform will pay a general license fee of one thousand UTM per year for the right to operate.

In addition, they are required to allocate 2% of their gross income to sports. Of this percentage, 1/3 will be delivered to the National Sports Institute, which will distribute it to the various current sports federations. The second third will be referred to the Chilean Olympic Committee (COCH), while the remaining third will go to the Chilean Paralympic Committee.

In terms of taxes, the rules are comparable to what happens with casinos. Consider the income tax of the operating company and VAT for being an entertainment service, in this case, digital.

A tax at a rate of 20% on gross income is also established. Along with this, a tax called the responsible gaming contribution rate equivalent to 1% of their annual gross income. This, with the possibility of discounting disbursements if actions are allocated for this purpose.

Regarding inspection tools, new powers are granted and existing ones are improved to the Internal Revenue Service (SII) and the “Superintendency of Casinos, Betting and Games of Chance”.

Also, information exchange will be carried out between organizations. New powers are granted to the Financial Analysis Unit (UAF), the Financial Market Commission (CMF), the Undersecretary of Telecommunications (Subtel) and the Public Ministry.

Debate

Marta Bravo, Félix González, Miguel Mellado, Boris Barrera, Felipe Camaño, Jorge Guzmán, Marisela Santibáñez, Daniel Lilayu, Cristián Tapia, Flor Weisse, Miguel Ángel Calisto, Roberto Arroyo, Álvaro Carter, Jaime Mulet, Sebastián Videla participated in the discussion. Enrique Lee, Alejandro Bernales and Fernando Bórquez.

In the exhibitions there were disparate criteria. Those who supported the regulations appreciated that the massification of betting houses in Chile is regulated. In particular, they considered that it is a black market that operates without any supervision.

Likewise, they distinguished that consumers be protected and tax collection increased. Along with this, liquidity is required from operating companies, responsible gambling is promoted and problem gambling is prevented. Likewise, new oversight powers be granted to the SII and the UAF.

Those who rejected the proposal criticized the contrasting profiles of the Justice portfolio, which considers platforms illegal; unlike the Treasury, which intends to regularize them. They added that this activity does not contribute to tourism or services within the country.

In addition, they said they cannot vote in favor of bringing casinos to homes and supporting an activity that destroys people's lives. They indicated that they find the regulation of advertising and preventing underage gambling weak. Also, they considered that there are shortcomings regarding the link between betting and sport, affecting competitiveness and that conflicts of interest exist in football.

Undersecretary of the Treasury, Heidi Berner, stressed that online gambling is illegal and that there are no tools to combat it today. For this reason, she appreciated that the project has been strengthened in its discussion at the Economy level. Mainly, with respect to state institutions being able to carry out their work. Along those lines, she said that it will be known who the owners of the platforms are.

Regarding the protection of minors, she pointed out that the rut or fan accounts they have may be blocked. In addition, the blocking of payment methods is allowed when they are illegal platforms.

In relation to the fixing of football matches that was mentioned in the debate, she maintained that there is an express prohibition on placing bets on those who have an impact on the results.

Source: https://www.diarioconstitucional.cl/