Events
IAGA SUMMIT San Francisco 2019
Susan O’Leary, CEO, Alderney eGambling
Susan O’Leary is the CEO of Alderney eGambling, the Alderney regulator’s strategic and development body. As a lawyer, she represented some of the world’s leading eGambling operators and gambling service providers including many of Alderney’s licensees. She has a keen sense of what they require from a jurisdiction: a strong pragmatic regulator who understands the commercial environment, a resilient technical infrastructure, a favourable tax system, excellent support services and an approach that encourages businesses to grow and prosper within safe and responsible parameters.
WHAT’S HAPPENING IN INDIA?
With 50 per cent of its 1.3 billion population under the age of 25 and over 65 per cent under the age of 35, it’s no surprise that the growing young population is a major contributing factor to the recent unprecedented growth of the online gaming industry in India.
With the increased affordability of data in a market which has historically always had a great propensity to wager and is obsessed with its national sports, it’s clear to see why the industry is thriving.
However, India is at a crossroads and its next step is set to define the country’s role on the global gaming stage. It is a country on the cusp of a widespread regulatory overhaul, but which currently relies on outdated legislation dating back to pre-internet times.
Te stumbling block lies in the semantics of gaming law definition, as ‘Gambling,’ the act of betting or wagering for money or money’s worth, is illegal in India.
Tere are three categories expressly excluded from India’s gambling prohibition laws: horse racing, lotteries (regulated separately) and games of ‘mere skill.’ Certain States, for example Goa, permit forms of gambling offshore on river boats or in five-star resorts that meet strict conditions. It is the highly debated category of games of ‘mere skill’ which accounts for the
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majority of the uncertainty for the online gaming sector as technically, games which satisfy the predominance test of ‘skill versus chance’ are not regulated under the current legislations. Businesses operating games of skill are already thriving in the Indian market – albeit in a largely unregulated space. However, many have elected to self-regulate and adopt codes of conduct in line with those adopted by industry federations such as Te All Indian Gaming Federation, Te Rummy Federation and the Indian Federation of Sports Gaming.
Te Supreme Court of India interprets ‘mere skill’ to include games which are preponderantly of skill and has laid down various tests, but they are assessed on a case by case basis which is time consuming and costly.
Tis does not afford the industry with overarching clarity, certainty or enforceable options so ambiguity prevails. After a report published last July by the Law Commission of India, recommending the regulation of sports betting, there is still uncertainty as to whether the State or central government should take responsibility for this regulation.
So what does the future hold for this incredible market, brimming with enthusiasm and potential not just on a national level, but a global scale?
With the country’s online gaming market estimated to be worth $360m and expected to
“With the country’s online gaming market estimated to be worth $360 million and expected to rise to $1 billion by 2021 (a conservative estimate), there’s no doubt that the need for adequate regulation is more important than ever.” Susan O’Leary, CEO, Alderney eGambling
rise to $1bn by 2021 (a conservative estimate), there’s no doubt that the need for adequate regulation is more important than ever. Aside from the critical protection and security it would provide to players, the revenues that could be raised by the country’s government would be substantial.
What is enormously encouraging, is the desire and enthusiasm of the skill game operators electing to self-regulate and to demonstrate they are adopting global best practice despite the lack of governmental framework.
Commentators are certain that widespread regulation is coming, but a collaborative approach between regulators, operators and key stakeholders will be critical to its success.
Today, tomorrow and beyond: a global snapshot of markets
Although Japan continues to receive a tremendous amount of attention as its integrated resort bidding process progresses, there are numerous other markets worth paying attention to in Asia and beyond. Brazil continues to pursue legislation legalizing casinos, and speculation about expanding casino offerings in India consistently emerge. Focusing on these markets and others that are expected to see significant movement in the near future, IAGA panelists take a high level look into why these markets are considered future gaming hot-spots
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