Controversy in Chile over the legality of online betting platforms

Chile

There is growing controversy in Chile over the legality of online betting platforms. Some legislators argue that these platforms should be banned, while others maintain that they should be legalized and regulated.

The Latin American betting market has been one of the fastest growing in recent years, and with the expansion of the demand comes controversy and detractors. 

This region has become increasingly attractive to online bookmakers and gaming companies as they seek to capitalize on a large population of new players. 

Despite its growth, there are many who are critical of the industry, citing concerns over unregulated gambling sites that could potentially lead to addiction or fraud.

Arguments against this sector range from economic issues, such as tax avoidance by gaming companies, to ethical ones related to problem gambling and underage access. 

Moreover, some countries have yet to approve legislation allowing online betting operations within their borders due to fears that they may become a hub for illegal activities. 

As such, governments must ensure regulations are in place which protects both players and operators from harm while ensuring fair play for all involved.

Chile and online platforms

The legal manager of Dreams in Chile, Carlos Silva Alliende, has declared war on online betting platforms since he states that they are outside the law.

“Dreams is not opposed to the Chilean State deciding to have a special regulation regarding online gambling. However, the current Constitution expressly establishes that betting issues are matters of law.

 For games of chance, a license is granted, and through that document, the casinos operate, and in this framework, we were invited to participate in this market under the Law of Gaming Casinos.

 And the norm is coherent with the Penal Code, which penalizes anyone who exploits it outside of the regulation with prison terms, as well as the Civil Code, which establishes that gambling debts are an illegal object.

“Our claim is that the law be respected, and if the legislator establishes that it will be possible to play online, that’s fine,” Silva explained and added

“From our point of view, online gambling is regulated because it is prohibited in the Criminal Code; there is a sanction that establishes misdemeanors, crimes, and crimes, within the second book that establishes crimes against property. 

There are no two readings. We believe that the platforms should wait for a law that authorizes them; without it, they should not operate.

“It seems to me intellectually dishonest to say that online platforms are not regulated because they are prohibited, both in the Criminal Code and in the Casino Law, whose article 42 establishes that the Superintendency must present complaints in case of knowledge of casino offers outside of the law.”

Online platforms fight back

The representatives of the online betting platforms Betano, Betsson, Coolbet, and Latamwin have come out to defend their position and argue why they can operate according to the law.

“It is not true that the Penal Code sanctions digital platforms. It only does so with forms of conduct typical of the 19th century. 

Nor is it true that the Civil Code defines gambling as prohibited. In fact, article 2,259 assumes that some are allowed and others are not. 

Is there a law enacted under the rule of some of the constitutions of 1833, 1925, or 1980 which prohibits games of chance in general? No, there is not.

 Any that prohibit online platforms in general? No, neither. And since these three constitutions define that all economic activity is legal unless a law decrees otherwise, we are talking about a legal activity. 

It is something new, of course, typical of the digital economy. But legal by definition”, assure the lawyers of the platforms.

And the Pay Per Head bookies?

According to what the online operators in Chile have stated, the law does not prohibit the operation of this type of platform. Therefore Pay Per Head Bookies would also be covered.

Also, if the Pay Per Head bookies operates with an offshore Per Head provider, you don’t have to worry so much about local laws since, in most territories, it is allowed for people to use offshore platforms.

It is essential that businesses looking to enter a new market consult with their Pay Per Head provider before taking any action.

 The provider will have the necessary insights and data to accurately evaluate the potential market, as well as recommendations for how best to approach it. 

This helps businesses maximize their chances of success while minimizing risk in the process.

Having the right advice from an experienced provider can make all the difference when taking on a new venture. 

Their expertise and market knowledge can be invaluable in setting up operations and finding success quickly.

 They are also able to provide guidance when it comes to legal requirements, compliance procedures, staffing needs, and other considerations to ensure successful entry into a new market.

 

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