daniel chigunweThe arrival of the internet into all of our lives has, on balance, been a very positive thing. It has brought much of human knowledge within easy reach. It’s also put us in touch with friends, family members and business associates anywhere in the world. On a more trivial level it’s never been easier to shop for essentials without needing to leave our homes.
What has been truly remarkable has been the speed of change that the worldwide web has heralded.
However, one downside to this is that, in many situations, the law has been unable to keep pace with the accelerated developments.
A prime case in point is online gambling. While many countries have gambling laws going back decades or, in some cases, centuries, relatively few have introduced new ones to accommodate the contemporary trend for this activity.
And, by neither prohibiting nor permitting it, this has led to something of a grey area.
Some countries are now taking steps to address this, and Zimbabwe could do well to follow its neighbour to the south, South Africa.
The opposition steps in
For some time now the ruling ANC Party has been making noises about introducing new laws that will encompass online gambling.
As long ago as 2008 there was a bill was introduced that went by the name of The National Gambling Amendment Act. Despite receiving presidential assent it has never been signed off and actioned, leaving the online gaming sector in a kind of limbo.
So now the ANC’s main opposition party, the Democratic Alliance, is introducing a new proposal, the Remote Gambling Bill, that it hopes will resolve the situation once and for all.
Its aim is emulate countries like the UK where legislation has been in place for some time now with the aim of clarifying the legal position for operators and players alike.
The contents of the new bill
At the heart of the new bill is the proposal to introduce a standardised licencing procedure covering three specific areas.
The first of these is a remote gambling operator licence. This will be awarded to operators who fulfil certain criteria and can prove that they will be a diligent and responsible casino owner.
The second will cover the manufacturers of the gaming equipment itself as well as the businesses whose job it will be to maintain the hardware and software that online casinos rely upon for their operation.
Thirdly it will be a licence to cover employment of individuals to work in the industry and will have considerable crossover with standard employment law.
Following a model that has been established in countries like Canada, all licence applications will be handled province by province. However, the National Gambling Board will have the power to block the issuing of licences in cases where it is felt this is needed.
Once licensed, it will be the responsibility of the provincial authorities to monitor the licensees and to step in when infractions are identified.
It’s unlikely that this will affect any South African casinos rated by Casino.org as these are generally operating to the very highest of professional standards already. But anyone found to be in contravention of the agreements will stand to have their licences removed, effectively preventing them form being able to continue operating.
It has not yet been revealed what the cost of the licenses will be. Nor have the tax rates for operators been revealed.
Other laws that will be covered by the bill will be the prohibition of online gambling for anyone under the age of 18. There will also be strict rules governing the advertising and marketing that operators will be allowed to use.
Its intended effects, and how Zimbabwe could benefit
A key objective of the new legislation is to make online gambling safe for players. So there will also be many stipulations about the online security measures that will be non-negotiable on the part of applicants.
It will also aim to have some very beneficial effects for the country’s economy. At present operators acting in the legal grey area in South Africa neither have to pay taxes on profits or for the costs of licenses. Under the proposed new rulings they will ned to do both of these things.
From a Zimbabwean perspective this could be one of the most appealing aspects of introducing similar legislation, particularly as a struggling economy is the prime concern of most of the population.
It would also be beneficial for everyone if the laws were clarified regarding online gambling here.
There has been talk of changes being made. But, as yet, they haven’t been put into action. Hopefully events over the border my speed up the process – and no doubt the passage of the Democratic Alliance’s bill will be being closely watched by policy makers and politicians in Harare.
Online Reporter