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The Legality of Esports Betting Across 7 Jurisdictions

The world of esports has seen exponential growth over the past decade, not only in terms of audience size but also in the complexity and scale of its betting industry. Esports betting, the act of wagering on the outcome of competitive video gaming events, has become a significant part of the global betting market. However, the legality of esports betting varies widely across different jurisdictions, reflecting a patchwork of regulations that can be challenging for both operators and bettors to navigate. This article explores the legal landscape of esports betting across various regions, highlighting the diversity of regulatory approaches.

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Esports Gambling in 7 Jurisdictions

Esports Betting in the United Kingdom

In the UK, esports betting is regulated under the Gambling Act 2005, which provides a legal framework for all forms of gambling, including sports betting, casino games, and lotteries. The UK Gambling Commission (UKGC) is responsible for licensing and regulating gambling operators. Esports betting is treated similarly to traditional sports betting, and operators offering esports betting must obtain a license from the UKGC. The Act ensures that gambling is conducted fairly and transparently, protecting children and vulnerable individuals from being harmed or exploited by gambling.

Esports Betting in the United States

The legality of esports betting in the USA varies by state, following the Supreme Court’s decision in Murphy v. National Collegiate Athletic Association in 2018, which struck down the federal ban on sports betting. This decision allowed states to legalize and regulate sports betting, including esports betting, at their discretion.

  • Allowed States: Nevada, New Jersey, and Pennsylvania are among the states that have explicitly legalized and regulated esports betting. These states have established regulatory frameworks that include esports within their sports betting legislation.
  • Restricted States: In contrast, states like Utah and Hawaii maintain strict anti-gambling laws that extend to esports betting, with no legal sports betting operations.

The regulatory landscape is complex and rapidly changing, with other states considering or in the process of legalizing esports betting.

Esports Betting in Germany

Germany’s esports betting scene is regulated under the State Treaty on Gambling 2021 (Glรผcksspielstaatsvertrag 2021), which came into effect on 1 July 2021. This treaty allows for the licensing of sports betting, including esports, under strict regulatory conditions aimed at ensuring player protection, preventing addiction, and combating fraud. Operators must obtain a license from the Regional Council of Darmstadt to offer esports betting legally.

Esports Betting in France

In France, esports betting is regulated by the French Gambling Authority (Autoritรฉ Nationale des Jeux, ANJ), which oversees all forms of gambling. The legal framework for esports betting is provided by the Digital Republic Act (Loi pour une Rรฉpublique numรฉrique) of 2016, which recognizes esports and allows for regulated betting on esports events. Operators must secure a license from the ANJ to offer esports betting services legally.

Esports Betting in Canada

Canada’s approach to esports betting has been evolving, particularly with the passage of Bill C-218, the Safe and Regulated Sports Betting Act, in June 2021. This legislation amended the Criminal Code to allow for single-event sports betting, including esports, across the country. Each province and territory has the authority to regulate and license sports betting within its jurisdiction. For example, Ontario has established the Alcohol and Gaming Commission of Ontario (AGCO) as its regulatory body for sports and esports betting.

Esports Betting in Australia

In Australia, esports betting is regulated under the Interactive Gambling Act 2001 (IGA). The IGA prohibits online gambling services from being provided to customers in Australia, with certain exceptions such as sports betting. Esports betting is permitted as long as it is offered by a licensed operator and bets are placed before the start of the event. The Australian Communications and Media Authority (ACMA) oversees the enforcement of the IGA and works to protect Australians from illegal online gambling operations.

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Esports Betting in South Korea

South Korea has a unique stance on esports betting. The country is known for its vibrant esports scene, but gambling, including esports betting, is heavily regulated and mostly illegal with few exceptions. The Sports Promotion Betting Tickets (SPOTO) issued by the Korea Sports Promotion Foundation (KSPF) is one of the legal avenues for sports betting, including a limited form of esports betting. However, the scope is quite restricted, focusing primarily on traditional sports.

Conclusion

The legal landscape for esports betting is diverse and rapidly evolving. While some countries have established clear regulations that allow for legal betting on esports events, others are still navigating the complexities of this new form of gambling. For stakeholders in the esports betting industry, staying informed about the legal status in different jurisdictions is crucial to operating within the bounds of the law and ensuring the integrity of esports competitions. As the popularity of esports continues to rise, it is likely that more countries will develop and refine their legal frameworks to accommodate this growing market.

Author

  • Leonid Shmatenko

    Founder of Esports Legal News, Leonid Shmatenko, stands at the forefront of legal innovation in the esports domain, crafting pathways through its unique regulatory and technological landscapes. With a rich tapestry of experience in esports and blockchain, Leonid provides astute legal guidance to esports associations, clubs, and entities, ensuring they navigate through regulatory, data protection, and technology law with finesse and foresight. Leonidโ€™s expertise is not merely recognized within the confines of his practice but is also celebrated in the legal community. Who’s Who Legal extols him as “an innovative thinker and an expert in CIS and esports disputes,” further describing him as an “outstanding arbitration practitioner with diverse experience and a broad network.” These accolades underscore his adept ability to navigate complex disputes and regulatory challenges, particularly in the vibrant and fast-evolving esports industry. At Esports Legal News, Leonid is not merely a founder but a pioneering force, ensuring that the esports industry is navigated with strategic legal insight, safeguarding its interests, and propelling it into a future where legal frameworks are not just adhered to but are also instrumental in shaping its evolution and growth. View all posts

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