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LEE RICHARDSON
A WHITE PAPER, NOT A WHITE FLAG Lee Richardson MBA, Gaming Economics CEO and Co-Founder of the Big Betting Balagan, discusses the upcoming UK Gambling Act review The UK Gambling Act 2005 (UKGA) gained Royal Assent in April 2005, brought to the statute books by a UK Labour Government led by Prime Minister Gordon Brown. Informed by the ground-breaking Gambling Review (the ‘Budd Report’) of 2001, the wide-ranging UKGA was the first to specifically regulate internet gambling in the UK, and enabled gambling companies to advertise on TV and radio. It also created a new national regulator, the Gambling Commission (GC). In December 2020, the UK Conservative Government announced the terms of a formal Review of the UKGA, with an anticipated year-long consultation and review process, followed by a White Paper “…due before 2022”. While such a review barely featured in its 2019 General Election manifesto – the main gambling-related pledge was a short statement to “….continue to take action to tackle gambling addiction” – some industry observers (but many lobbyists), believed such a review was overdue. Critics of the Act – and there are many, of various apparent qualification – claimed the UKGA was not fit-for-purpose and, in particular, ‘unfit for the digital age’. Some in the industry beg to differ. Wes Himes, Executive Director for Standards and Innovation at the industry trade body, the Betting and Gaming Council, has described that accusation as a “…sound bite…”, rather than an accurate assessment of the existing Act. Others have a similar perspective. When asked at a recent conference on the potential impact of the UKGA Review, one observer said the industry needed “…an appropriate balance between consumer freedoms and choice on the one hand, and prevention of harm to vulnerable groups and wider communities on the other…” With clear reference to the so-called ‘consumer affordability’ topic – which garnered a record-breaking 13,000 responses to the GC in consultation – that view encapsulates well the fine balance the Review needs to strike, and the dangers in getting that wrong. For example, some are calling for a ban of all gambling adverts, in all places; the Royal Society
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GAMBLINGINSIDER.COM
"What the industry needs is a cogent, evidence-based assessment" a new Ombudsman, ostensibly to take lead responsibility for dealing with disputes between consumers and gambling providers. This topic was also aired at a recent industry conference, where different gambling sector Alternative Dispute Resolution (ADR) models were debated, with a general consensus that, with various, existing ADR services – such as the Independent Betting Arbitration Service (IBAS) – already in Lee Richardson place, this negated the need for such a new, Parliamentary-appointed office. Apparently, IBAS disagrees; Chairman Andrew for Public Health is just one. That would include Fraser recently said that the current system, sponsorship, so what implications does that have with nine separate ADR bodies, was “…not ideal, for sports like horseracing, which has a special, and it would make more sense if IBAS took over symbiotic relationship with betting, relying the role as the sole gambling ombudsman.” heavily on that sponsorship income channel? One more example of the divided thinking on How do you deal with the National Lottery an important consumer protection issue. (TNL), which, rightly, promotes hard its financial Since the UKGA Review was announced support of a wide range of sports, plus the almost a year ago, we have seen develop a sponsorship of hundreds of athletes and polarised debate, with entrenched opinions on Olympians? Any UKGA-driven changes to many sides. We’ve also had ample evidence of the advertising and sponsorship of sport by ill-conceived proposals which either over gambling operators must surely be factored in simplify the apparent issues, misunderstand the to the current – and imminent – Fourth TNL gambling industry and its modus-operandi Bid Competition; and bidders absolutely need or, even more importantly, misinterpret the to know where they stand, and soon. motivations and expectations of the vast To help analyse, assess and adjudicate on all majority of its satisfied consumers. of these opposing views and perspectives, we What the industry needs – and should have a brand-new minister for Gambling in place. continue to demand – is a cogent, evidence-based A recent Government reshuffle saw Croydon assessment of what sustainable changes are South MP Chris Philp appointed, within the needed to the existing UKGA, and how DCMS, with specific responsibility for overseeing these deliver lasting improvements for the the UKGA Review. His in-tray is already full. consumer, while preventing harm. Let’s hope One item certain to feature prominently in his the White Paper, still due before New Year’s purview is whether or not the industry will get Eve, delivers just – and only – that.
