Update Report on Gaming Legislation in Malaysia, Cameroon and Senegal

Malaysia

The attitude towards gambling and games of chance in general is quite diverse in Malaysia, bearing in mind the ethical and religious diversity of the country with Muslims as the dominant religious group. Gambling is quite popular in the territory, even though only certain forms of games of chance such as lotteries, horse racing and casino games are legal while any kind of sports betting and online gambling are prohibited.

Games of chance in the territory are governed by four main laws, the Betting Act from 1953, the Common Gaming Houses Act from 1953, the Racing Act from 1961 and Shariah law (applicable only to the Muslim population). Currently in the country there are six (private) lottery operators, three horse-racing tracks and only one land-based casino/resort, all of which are off-limits for the Muslim population and persons under the age of 21.

Operators may organize the games of chance in the territory only if a license or permit has been granted by the authorities – the Unit Kawalan Perjudian (Betting Control Unit) of the Ministry of Finance.

Notwitshstanding the fact that the legislation is outdated, and that online gambling is illegal in the territory, this market is quite developed since the population is mostly young and highly skilled in new technologies. All major online gambling sites operate and accept wagers from the players in Malaysia. At the same time, the government is using all available tools to block access to these websites by IP and payment blockage or even arrests, which occurred in the beginning of 2023.

Regarding future developments, the government announced in 2021 that it will begin working on a new legislative framework which would address the status and development of the industry. However, it remains to be seen what the future approach towards games of chance in general and even more specifically online gambling will be, bearing in mind the political changes which occurred after the elections in late 2022, at which the conservative political options won the majority vote, as well as the country’s dual-system of law – the Sharia-governed Syariah Courts for the nation’s Muslims (over half of the total population) and the secular courts.

Cameroon

Gambling has been legal in Cameroon since independence from France in 1960. As in most countries, for a long period of time only lottery games were regulated and most of the legislative development in Camerron occurred in the 2000s. As a curiosity, currently there is no lottery operator in the country.

The most recent legislation, the gambling decree dates back in 2019. This last piece of legislation also regulated the online gambling regime.

The competent authority for the gambling industry, responsible for issuing licenses, is the Prime Minister’s Office. The maximum time of validity of a license is capped at 10 years, with operators having the opportunity to renew the agreement with the government. It is also worth noting that even foreign licensed operators may apply for the online gambling license in Cameroon. Based on publicly available information, not one operator applied for the online license in the country.

Senegal

Despite the population being mostly Muslim, Senegal has legalized games of chance in the territory and even has brick and mortar casinos operating (the first casino opened in Dakar in 1993).

The main piece of the gambling legislation currently is the decree from 2004, which also addressed online gambling. Under the act, the Minister of the Interior and the Minister of Economy & Finance oversee issuing licenses to gambling establishments.

Games of chance that are legal in Senegal are: (i) lottery (a monopoly of LONASE); (ii) sports betting (also a monopoly of LONASE); (iii) casino gambling; and (iv) poker (only within licensed casino venues).

The biggest gambling company in Senegal is by far LONASE, the state lottery company which basically holds a monopoly on online games of chance as well. Based on publicly available information, online gambling is not expressly mentioned in the legislation (even though use of technology in placing wagers is accepted), and licenses are currently not being issued. The only way around this situation is to partner with LONASE to be able to enter the market and offer services to Senegalese players.

However, bearing in mind the size of the country and the current legal framework which recently also addressed money laundering, terrorism financing, corruption and non-compliance, the market for games of chance in the territory is not so developed due to numerous reasons. Nonetheless, it can be expected that in the future even more residents will try their luck in the industry of games of chance.

In addition to the above, according to Senegalese law, placing bets on unlicensed foreign online gambling platforms is illegal. However, this is not enforced, players are not penalized for this and unlicensed gambling websites are also not being blocked. One of the reasons for the current situation on the online gambling market is the low Internet penetration rate which is dramatically rising (with the widespread mobile use as well) and will most definitely lead to additional rules governing this part of the gambling market.