The Ontario Superior Court of Justice has rendered its judgment on the contentious issue of online gaming regulations in the province. The court dismissed an application by the Mohawk Council of Kahnawà:ke (MCK) challenging the Ontario government’s decision to permit online gaming within its borders. This ruling solidifies the legitimacy of Ontario’s iGaming Ontario (iGO) framework, marking a significant milestone in the province’s regulatory landscape.

Ontario’s Approach to Online Gaming Regulation

iGaming Ontario collaborates with the Alcohol and Gaming Commission of Ontario (AGCO) and the provincial government to oversee the online gaming industry. The framework aims to regulate the sector, safeguard consumer interests, particularly in responsible gambling practices, and diversify digital gaming options for Ontarians. Gaming operators are required to register with the AGCO and enter into operating agreements with iGO before launching their products. iGaming Ontario assumes responsibility for managing and conducting the industry within the province, as outlined by its mandate.

Legal Dispute and Court’s Decision

The Mohawk Council of Kahnawà:ke (MCK) has been a vocal opponent of the legislative changes, particularly C-218, which decriminalized new forms of sports gambling in Canada in June 2021. MCK argued that Ontario’s shift in gaming management infringed upon existing laws and constitutional principles. However, the Ontario Superior Court ruled that iGaming Ontario’s model aligns with the Criminal Code, affirming the legality of the province’s approach.

Martha Otton, Executive Director of iGaming Ontario, expressed confidence in their regulatory framework, emphasizing the court’s validation of their model. She highlighted the framework’s focus on player protection, data security, and economic contributions to Ontario.

Impact on Kahnawàke and Online Gaming Industry

For 25 years, the Mohawk Council of Kahnawà:ke has played a pivotal role in the online gaming industry, licensing operators on behalf of the Mohawks of Kahnawake. The council raised concerns that Ontario’s regulatory changes disregard their expertise and jeopardize revenue streams vital to the Kahnawake community. Despite their assertions, the court determined that iGaming Ontario maintains significant control over operators, cementing its position as the guiding force behind the province’s online gaming landscape.

The Ontario Superior Court’s ruling marks a decisive moment in the ongoing debate over online gaming regulations. With the legality of Ontario’s framework affirmed, the province can continue to enforce its regulatory measures, ensuring a secure and responsible gaming environment for Ontarians.

Source: “Court Decision Upholds iGaming Ontario’s Model”. igamingontario.ca. May 13, 2024.

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Cambodia’s Supreme Court has not shown leniency in the case of a labor union leader who organized one of the longest-running strikes against the country’s biggest casino, with the detainee, Chhim Sithar, alleging that NagaWorld laid off workers illegally and attempted to bust the union’s efforts to fight back.

No Reprieve for Determined Union Labor Leader

The Supreme Court found Sithar, president of the Labor Right Supports Union of Khmer Employees of NagaWorld, to have acted against the law, upholding his two-year prison sentence originally meted out in May 2023. Sithar was brought up on charges of incitement to commit a felony, and the court has now upheld the sentence, meaning that Sithar will have to serve out his sentence.

Sithar was the driving force behind the protests that erupted in December 2021, protesting mass layoffs at the NagaWorld Casino in the country’s capital, Phnom Penh and was finally arrested in January 2022, after refusing to back down and tell union workers to go home. NagaCorp has since recovered, demonstrating strong growth.

NagaWorld fired 373 employees as the casino faced the financial pinch of the pandemic and lack of tourists, which significantly depressed operational results and brought business to a standstill. Despite Sithar’s arrest, though, many of the fired workers continue to rally and protest both her incarceration and sentence, as well as the way NagaWorld and Cambodia’s legal system have treated the case.

Yet, some have opted out of settlements with the company, and some 200 ex-workers have already accepted settlements. Yet, others have not been so lucky. Sithar may have been dubbed a “ringleader” by the court, but she is not alone, as eight of her fellow union workers have also been handed down 18-month prison sentences as well.

Illegal Detention and Human Rights Champion

Sithar though is unlikely to be released earlier. She will end her sentence term later this year. She is also the recipient of the US Department of State Human Rights Defender Award and this distinction comes at a time when the United States has warned that doing business in Cambodia could pose significant risk to investors, alleging that corruption ran deep in the state.

Cambodia has vehemently denied these accusations.  Yet, the fate of Sithar is no way to assuage concerns about underhand practices that favor powerful businesses over citizens. NagaWorld began operations in 1994 and the casino is owned by the powerful Malaysian billionaire Chen Lip Keong and his family.

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The regulator in charge of advertising across the United Kingdom, the Advertising Standards Authority (ASA), challenged whether an advertisement of Betfred that aired back in April was directed toward individuals under the age of 18. The advertisement in question was streamed during the PrestonPlayz program, popular for its content including games such as Minecraft, on the over-the-top streaming service, The Roku Channel on April 17, 2023.

In its advertisement, Betfred promoted its Live Betfred Casino with a voice-over saying: “Welcome to Betfred Casino. Here you can play a range of slot and table games or take a seat in our live casino.” Considering the platform that was used for the advertisement, the ASA challenged whether the ad was directed at audiences under the age of 18.

The scrutiny of gambling advertisements comes at a time when the ASA ramped up its rules for such ads last year. The Authority’s ultimate goal was to decrease the possibility of underage individuals viewing gambling advertisements. Effectively, gambling operators in the UK are required to comply with those regulations, ensuring that the advertisements for their products do not appeal or reach underage audiences.

In the recent case, Betfred responded that it took proactive steps to ensure that its advertisement complies with the existing regulations. Upon sourcing an agency to air the ad in question, the operator specifically requested for the target audiences to be above the age of 18, underlining its commitment to advertise only with adult audiences.

Betfred said that as a streaming service, Roku requires its users to confirm they are above the age of 18 when registering. Moreover, the operator said that the TV agency received those instructions and disclosed them to Roku at the start of the advertising campaign.

The Advertisement Breached Cap Code Rules

According to Betfred, considering Roku’s requirement for users to be at least 18 to register, anyone who shared an adult’s account or misrepresented their age breached the platform’s terms of use. Despite the actions taken by the operator, the ASA assessed that the ad breached the CAP Code rules.

Upholding its decision against Petfre Ltd t/a Totesport, Betfred, the advertising gambling regulator concluded that the advertisement breached CAP Code rules 1.3, related to social responsibility, 16.1 and 16.3.13, related to gambling. As a result, the ASA said the advertisement must not appear again without specific controls that seek to reduce the likelihood of people under the age of 18 being exposed. Additionally, the regulator asked the operator not to use media with a “disproportionately large audience of under-18s.”

Recently, another ad by Betfred was under fire by the ASA. The advertisement in question was released via X ahead of upcoming fights for Anthony Joshua.

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The ambition of two companies, to wit Cherokee Nation Businesses and Legends Resort and Casino, to bring a new gambling property to Pope County, Arkansas has gone on for years. The businesses have tried it all – playing nice and playing hardball, but locals have not bucked and have remained mostly firmly opposed to the idea of a casino in their area.

Supreme Court Reminds Cherokee Nation of Licensing Obligations

The fight has made it to the Arkansas Supreme Court, which decided on Thursday to uphold a lower court’s decision and pronounced itself against the licenses issued to the two businesses seeking to open a casino. The Supreme Court explained that the license was in breach of Amendment 100 and could not be used as the basis for realizing the proposed project.

Cherokee CEO Chuck Garrett expressed his disappointment but said that the ruling would not stop the nation from pursuing the license. Garrett cited the nation’s established track record in the industry and said that his colleagues knew what they were doing with more than 30 years of gaming and hospitality business experience. Yet, he acknowledged that securing the Pope County license has been the hardest to get yet.

Experienced or not, the Supreme Court found an issue with the manner of the proceedings by the private companies. For one, the Supreme Court rejected the idea of a license being issued to two entities. By law, there must be only one. To add insult to injury, Legends does not have any experience in casino gaming, which makes it illegible.

Why has an application been filed like this in the first place, most have asked? However, Garrett has preferred to focus on the good that would come out of building a casino. He assured that locals stood to benefit the most but cautioned that Arkansas is losing valuable tax money the longer this matter drags.

Going Back to the Drawing Board for Another Round

Not everyone is as upset about the decision, though, as Gulfside Casino Partnership rep Casey Castleberry said that the Supreme Court decision was the correct one. Of course, Gulfside Casino Partnership also wants to build a casino in Pope County. Gulfside too had a license granted, which was later reverted.

What this means is that after years of trying, local opposition may have somewhat subsided, but neither of the two parties who want to realize the project has demonstrated that they are clearly capable of clearing the licensing procedure. They need to start from scratch, and time is surely not on their side as both are eager to beat the other one to the finishing line.

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