Operators Warned to Play by the Rules of Be Fined

The UK Gambling Commission is expected to roll out more affordability checks in what it calls a crack down on “binge gambling.” The move would result in operators being required to comb through customers incomes to determine whether or not they have the means to gamble. At this stage the proposed legislation is just that – proposed, with a consultation expected shortly and operators are invited to express their views before the white paper is transformed into new law.

The industry regulator wants more to be done to tackle problem gambling with three areas on its hit list – unaffordable binge gambling, significant unaffordable losses over time and financial vulnerability, each with its own thresholds for action. While many welcome the idea of change, there are those who believe the new stringent proposed measures may result in tens of millions in losses or worse still – businesses going bust.

New Rules Mean More Protection

Any new legislation regarding affordability would be implemented to make online gambling fairer and safer, but the regulatory body will not stop until all financially vulnerable people are protected. A spokesperson for the Betting and Gaming Council said in response to the possibility of new affordability rules: We believe enhanced spending checks should be used online to identify those showing signs of problem gambling and to focus in on those at risk, so swift interventions can take place.

But it is essential this is targeted as an industry so we don’t interfere with the personal freedoms of the vast majority of people who gamble safely and responsibly, as research shows that 90 per cent of people do not comply with requests for information. Any changes introduced by the government must not drive gamblers towards the growing unsafe, unregulated black market online, where billions of pounds are being staked.”

In the meantime, new rules ensuring online gambling businesses (such as online bingo and online casino operators) do more to identify customers at risk of harm have been introduced. The legislation will come into effect on September 12th and will ensure operators take action to protect those who need protecting by:

  • Monitoring a specific range of indicators, as a minimum, to identify gambling harm. This includes monitoring customer spend, patterns of their gambling, the time spent gambling, gambling behaviour indicators, customer-led contact, use of gambling management tools and account indicators.
  • Flagging indicators of harm and taking action in as soon as possible.
  • Implementing automated processes for strong indicators of harm.
  • Preventing marketing and the take-up of new bonuses for customers who are identified as being at risk.
  • Evaluating their interactions and ensure they interact with consumers at least at the level of problem gambling for the relevant activity.
  • Evidence their customer interaction evaluation to the Gambling Commission during routine casework
  • Complying with these requirements at all times, this includes ensuring the compliance of third-party providers.

Gambling Commission Chief Executive, Andrew Rhodes, said: “Time and time again our enforcement cases show that some operators are still not doing enough to prevent gambling harm. These new rules, developed following an extensive consultation, make our expectations even more explicit. We expect operators to identify and tackle gambling harms with fast, proportionate and effective action and we will not hesitate to take tough action on operators who fail to do so.”

Source: “Gambling Commission to Launch Consultation on Controversial Affordability Checks”. Racing Post. April 14, 2022.

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