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Compliance Updates

The Finnish Supreme Administrative Court rules that skill-based fantasy sports games belong to Veikkaus monopoly

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The Finnish Supreme Administrative Court rules that skill-based fantasy sports games belong to Veikkaus monopoly
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Article written by Antti Koivula, consulting legal advisor at Legal Gaming

On May 24, 2022 the Finnish Supreme Administrative Court delivered its judgment on IS-Liigapörssi-case (KHO:2022:60), in which the Supreme Administrative Court analysed whether skill-based fantasy sports games are within the scope of the Finnish Lotteries Act (1047/2001) (“Lotteries Act”) and thus belong to the state-owned gambling operator Veikkaus Oy’s (“Veikkaus”) monopoly.

Finland has a statutory gambling monopoly in place, under which Veikkaus has exclusive rights to operate and market gambling. According to the Lotteries Act, all games which include a participation fee, prizes of monetary value and the result is based on chance, are within Veikkaus monopoly.  The main question in the case was if it is enough the game to be even remotely based on chance to be within the scope of the Lotteries Act and thus belong to Veikkaus monopoly, and if that was the case, whether the element of chance was present in the skill-based fantasy sports games in question.

IS-Liigapörssi-case concerned popular fantasy sports games in Finland, in which participants form virtual ice hockey teams from real ice hockey players and points were awarded based on the ice hockey players performance on real ice hockey matches. The fantasy sports games included entry fees and prizes and they had been run since 1995 by a Finnish media giant Sanoma Media Finland Oy (“Sanoma”). It was an undeniable fact that skilled and analytical participants who invested a considerable amount of time to the fantasy sports games outperformed participants who picked the players randomly.

The background of the case is lengthy, as the national authorities had tried to shut down the fantasy sports games run by Sanoma for more than a decade. In 2008 the Ministry of the Interior made a request for investigation for the police, which carried out a preliminary investigation. However, in 2010 the National Prosecution Authority (“NPA”) made a non-prosecution decision stating that it was left unresolved whether the Fantasy Sports games in question are within the scope of the Lotteries Act.

In 2017 the gambling enforcement authority, the National Police Board (“NPB”) started administrative proceedings against Sanoma regarding the fantasy sports games and two years later in 2019 the process had reached the point in which the NPB imposed a prohibition order and a conditional fine of EUR 300,000 for Sanoma on the basis that Sanoma was not allowed to run the fantasy sports games as they qualified as gambling. Sanoma appealed to the Helsinki Administrative Court arguing that the fantasy sports games in question were skill-games with which chance had no effect on the results and thus outside the scope of the Lotteries Act, but in 2021 the Helsinki Administrative Court ruled in favour of the NPB. Sanoma appealed to the Supreme Administrative Court.

The Supreme Administrative Court acknowledged that participants knowledge and skills were meaningful in the context of success, but reminded that at the same time random factors outside the participant’s control had a significant importance too. Thus, the chance of winning was at least partially based on luck. As the fantasy sports games also included entry fees and prize money, only Veikkaus was allowed to run them in Finland.

The Supreme Administrative Court’s decision hardly came as a surprise. The Lotteries Act’s definition of gambling is extremely broad, from which a good example is that even an ice fishing competition and an auction were previously deemed to fall within it. Nevertheless, the decision yet further strengthened the NPB’s authority and it remains to be seen what is the next competition or event after which they’ll go next.

Australia

Venues Warned to Play by the Rules on ANZAC Day

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Liquor & Gaming NSW is urging licensed venues across the state to plan ahead and have proper measures in place to ensure safe and responsible ANZAC Day commemorations.

Pubs and clubs can face additional challenges on April 25 that come with managing larger than normal crowds and the playing of two-up.

Two-up was a popular game among World War I veterans and, while illegal as an unregulated form of gambling most of the year, is legally played every ANZAC Day, Remembrance Day and Victory in the Pacific Day in their memory.

Liquor & Gaming NSW Executive Director Regulatory Operations, Jane Lin, said inspectors would carry out checks of licensed premises in Sydney and regional areas on ANZAC Day to ensure compliance with the state’s liquor and gaming laws.

“Two-up is a great Australian tradition and a way for people to come together at pubs and clubs to enjoy the ANZAC spirit,” Lin said. “While venues do not need a permit to host two-up, they are encouraged to fully understand and observe the traditional rules of the coin-tossing game.

“Licensed venues are reminded to properly manage potential risks linked to larger crowds, increased rates of intoxication, gambling disputes, extended high volume trading and special ANZAC Day liquor promotions.”

Venues’ advertising and promotions must align with liquor promotion guidelines.

More information about ANZAC Day in New South Wales is available at https:/ /www.NSM.gov. au/about-nsw/anzac-day-nsw. Two-up rules can be found at https:/ /www.LiquorAndGaming.nsw. gov. au/__data/assets/pdf_file/0007/858562/fs3098-two-up-factsheet. pdf.

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Compliance Updates

Boldplay Awarded UKGC Licence

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Boldplay Awarded UKGC Licence
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Boldplay, the renowned provider of premium casino games, has been awarded a remote operating licence from the UK Gambling Commission, to sit alongside their existing licenses in Gibraltar, Malta, Romania, Argentina, and Peru.

This latest development marks a significant step for the company and further solidifies Boldplay’s position as a trusted provider within the iGaming industry. The UKGC licence will allow the company to further expand in regulated territories, a key element of their growth plan, and establish new partnerships within the vibrant UK market.

Having fulfilled the criteria to provide services to UK players Boldplay is well-positioned for success. With a diverse catalogue of over 100 titles, ranging from slots and table games to bingo, keno, and virtual scratch cards, the company is well-known for its innovative features, including their trademark Boldplay Spins.

Speaking of the UK Gambling Commission’s decision to grant the operating licence, Boldplay CEO, Valli Fragoso, said: “We are proud to receive our remote software supplier licence from the UK Gambling Commission. This milestone reflects our commitment to providing high-quality, engaging casino games to licensed operators while upholding responsible gaming standards. We can’t wait for UK players to try our games.”

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Asia

Indonesian Govt to Form Task Force to Tackle Online Gambling

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Indonesian President Joko Widodo has chaired a limited meeting which discussed the efforts taken to eradicate online gambling in the country on Thursday 18 April, at Merdeka Palace in Jakarta. Minister for Communication and Information Technology Budi Arie Setiadi, in his press statement after the limited meeting, said that the Government will form a task force to counter online gambling.

“It has been decided that within a week, we will formulate measures to form an integrated task force in order to eradicate online gambling,” Budi said.

Minister for Communication and Information Technology mentioned that forming a cross-ministries/institutions task force is aimed to handle online gambling more thoroughly, collaboratively and efficiently.

“Gambling is an illegal act based on regulations. So, we need to impose measures effectively to settle it,” Budi stated, adding that his ministry will focus on handling online gambling websites and contents, while the law enforcement officers will enforce the law.

“Our authority is only to take down the websites, while the Financial Services Authority (OJK) blocks their financial accounts, and then followed by law enforcement officers, police officers, and the public prosecution service officers,” he remarked.

Similarly, OJK’s Chairperson of Commissioner Board Mahendra Siregar also highlighted the importance of holistic measures in eradicating online gambling in Indonesia.

“Some online gambling activities are not conducted in Indonesia, some are cross-borders, some do not use bank accounts, some needs to be tracked and traced through bank accounts, including transfers and so on. So, the next layers must also be addressed, and that way it leaves no empty rooms,” Mahendra explained.

Mahendra said that according to the institution’s authority, from the end of 2023 to March 2024, OJK has blocked around 5000 bank accounts that indicate its relation to online gambling.

“So far, we have cooperated closely with Communications and Information Technology Ministry. So, if we receive a list of bank accounts suspected to be used or are being used in online gambling activities, we immediately block them, and it has reached up to 5000 bank accounts,” Mahendra mentioned.

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