Pablo Ulloa, Ombudsman of the Dominican Republic, held a conference on a very worrying topic: Childhood Gambling and the Role of the State in preventing it. To begin, he highlighted the need to update the legislation in the Dominican Republic against this increase in gambling among boys, girls and adolescents and recalled that “the Constitution of the Dominican Republic in its article 56 makes it clear that the State has the duty to protect minors. in any form of exploitation.”

Legislation

During the talk, the laws on the matter applicable in the Dominican Republic were discussed. “The Minors' Code, in its article 25, reinforces this principle by guaranteeing the right of children to be protected against any form of exploitation that affects their physical, mental and emotional development. Thinking about 12 countries that are here and 250 participants, these are aspects that their Constitution generally includes and I tell you this as former President of the Ibero-American Ombudsman Federation. They are general principles regardless of the fact that in some they are constitutionalized, they are fundamental rights, but there are elements such as the right to information that are human rights that many of us have not made constitutional or fundamental, but they preserve us."

Here he once again focused on the need to update existing legislation since “our laws on gambling are not updated to face the challenges of the digital world. Law 351 of 1964, which regulates casinos and games of chance, does not contemplate the dangers of online betting because they do not even exist at this time. This has created a legal vacuum that allows platforms to operate without supervision, exposing our children and adolescents to serious dangers.”

On the other hand, he emphasized the Role of the State that "must update the regulatory framework and ensure that these platforms include mechanisms to prevent access by minors, at the same time that they must seek to strengthen the persuasive capacity of the Attorney General's Office to detect platforms." that put infants at risk. We cannot allow the legal vacuum to continue being exploited. The State must be the protective shield of our children and adolescents. This problem is not exclusive to the Dominican Republic. The Pan American Health Organization estimates that between 5 to 8% of adolescents in Latin America already show signs of gambling addiction.

A worrying global trend

Ulloa also explained that the problem of childhood gambling is not only in the Dominican Republic but that “This phenomenon is already reaching the point of a global epidemic that affects children and adolescents around the world. Authors such as Howard Schaffer in his work The Addictive Brain, Why We Abuse Drugs, Alcohol and Nicotine, have determined that adolescents who begin to gamble digitally are 50% more likely to develop addictions in the future. Susan Greenfield, in Mind of Change, explains how gambling affects the brain circuits of young people, driving them to seek instant gratification, which simultaneously determines and impairs their ability to make rational decisions".

And he highlighted that “In a digital world that is motivated by the growing desire for dopamine to generate instant satisfaction, childhood gambling becomes too big a risk for us not to act quickly. We must take away from the studies that clearly indicate that digital gaming addiction is not a minor problem and must be addressed immediately. The observatory that I was talking about at the beginning is the part that I want to leave central here in the Dominicans in different facets, be it games of chance through sports or the lottery or others, because I believe that it can be a union in the defense of the rights of children and adolescents with a balance of social responsibility of the State from the point of view of the Treasury, the Ombudsman and the Attorney General's Office, be that as it may wish."

The National Observatory of Responsible Gaming

Ulloa explained that the creation of the National Responsible Gaming Observatory is his project to fight against childhood gambling in the Dominican Republic.  In this sense, he stated that “This body will be key to monitoring digital gaming platforms and preventing minors from having access to this content. This must result from collaboration between entities such as the World Health Organization, the Ministry of Finance, the National Cybersecurity Center or the Dominican Institute of Telecommunications. With all of them we will ensure that our policy adjusts to international standards.”

He also mentioned as an example of good regulation in this aspect that ”The cases of South Korea and Spain are examples of success in the implementation of effective regulations. In South Korea, controlling gaming hours reduced youth addiction by 40%. In Spain, the General Directorate of Gambling Regulation has implemented responsible gambling policies, achieving a significant reduction in cases of child gambling addiction" and clarified “Consequently, we aspire for the National Responsible Gambling Observatory to be our first line of defense, ensuring our digital platforms adhere to the highest standards of child protection. It is often argued that gambling regulation can slow economic growth. However, examples like France show that the opposite is true.”

He also recalled that “France has seen 12% growth in the online gaming industry, while youth gambling addiction has decreased by 15%, thanks to the policy of the regulatory authority as such of that country. The Dominican Republic can follow this path, and I am convinced, and even more so at the moment now, that we are in a process in which we will have to talk about tax reform, and I know that the Ministry of Finance has in its mandate to be able to increase income of the Government. They raise 1.6% of the Gross Domestic Product.  We, at the Ombudsman, estimate that it is 3%, in order to reduce gaps and improve the capital investment that the Dominican Republic requires to be a more competitive country until now. We present and aim for a solid regulatory framework that not only protects our boys and girls, but also guarantees the sustainable growth of the gaming industry. Attracting investments and generating employment, regulation is not the enemy of growth, but rather its ally.”

The role of schools and families

The ombudsman of the Dominican Republic was blunt that “Families are the first line of defense. We must empower parents, giving them the tools necessary to identify risks and teach their children to use technology responsibly. We propose the creation of educational programs for parents that address these issues and offer practical solutions. Schools also have a fundamental role. Digital education must be part of the school curriculum, preparing young people to face the risks of the online world. “Schools must teach students to recognize the warning signs, as the colleague from Chile stated, how the algorithm is teaching you that there are behaviors that are leading you to dependence on gambling.” And that decision-making, informed about the use of technology, can help prevent behaviors that can lead to other types of addiction, as history has well demonstrated. The State, for its part, must be the facilitator of these initiatives, ensuring that both the family and the schools have the necessary resources to protect children. And this is said by a person who has invested a lot of effort through the animated Constitution and my team has taken me throughout the national territory and we have impacted more than 250 thousand people with this recreational-pedagogical instrument.”

To close, Pablo Ulloa left a message to those present. “Today I make a call to you. The future of our children is in our hands. We can't wait any longer.  Childhood gambling is a real threat that we must face with determination and with a clear vision of the future we want for our children. As an ombudsman of the people of the Dominican Republic, I am committed to leading this effort. The protection of our children is not only a legal duty, it is a moral commitment and I am sure that, together with you and working together, we can guarantee a safe and prosperous future for our children.  The protection begins today and I am knocking on your doors on the stage that you have built to be able to make your game more profitable, your business more prosperous, but most of all to be able to connect with successful experiences like the one you have presented. Please, let's protect our adolescent boys and girls. Let us unite in an effort like the Observatory.”