A critical analysis of the remote gaming regulations 2004 and suggested improvements by reference to local and foreign legislation

Abstract

This academic exercise comprises four steps. First, current Maltese remote gaming legislation and policy is described to establish a basis on which a critical analysis is possible. This analysis follows immediately thereafter, and involves the identification of what this author holds to be key weaknesses in current remote gaming legislation and policy. Following an assay of the remote gaming regulatory models of two jurisdictions – Gibraltar and Alderney, a number of proposals are submitted that are aimed at strengthening the Maltese framework and guaranteeing Malta‘s continued relevance and competitiveness in the sector. These proposals relate to, inter alia, licensing, anti-money laundering, problem gambling, consumer protection and appeals from decisions of the LGA. As outlined in the work itself, these proposals stem from the author‘s opinion that Malta must react to the changing legal landscape in the EU. It is submitted that this could be achieved by establishing strong and transparent legislation and policy that balances the interests of both operators and consumers, and consequently, by entering into bilateral agreements with other Member States for the purpose of, inter alia, ensuring mutual recognition of requirements.