The island of Jersey has replaced its gambling regulations with a new Gambling (Jersey) Law 2012, giving a new framework for all forms of gambling – including internet gambling.
Under the old law, first passed in 1964, all forms of gambling were banned unless made lawful by regulation. A law passed in 2010 enabled the island state to offer licences for internet gambling. Now the island government is taking a different approach, which will considerably assist its ‘offer’ as an i-gaming destination.
The new regulation takes a permissive view towards gambling in its wider sense, all under the control of the Jersey Gambling Commission, and eradicates many of the inconsistencies which plagued the regime previously.
Jersey’s new law differentiates between different types of providers of gambling services instead of different forms of gambling. The island’s law frees its citizens from supervision when it comes to gambling within their own homes, but for commercial gambling remains regulated, through the Commission with fees for licensing set by the Commission. Extra powers for the Commission include the right to issue directions and revoke licences without going to court. There are also fresh powers to force civil financial penalties for some defaults of licence conditions.
The island’s lawmakers have specifically referred to i-gaming in their explanatory notes to the new law: “Development of gambling services and particularly remote gambling still represent an enormous opportunity for industry by way of investment and upgrading of the island’s communications infrastructure. Encouraging that segment of the industry to move to Jersey will inevitably reduce the economic risk posed by the current fragile world climate and will encourage other businesses and offer new and diverse employment opportunities.”
In essence, Jersey is transformed from an environment in which gambling is unlawful unless specifically permitted by regulation, into a more permissive society in which gambling is allowed – but only if the Commission permits it. The Jersey Gambling Commission has therefore been granted a wide range of new powers.
Dr Jason Lane, chief executive of the Jersey Gambling Commission, said: "This new legislation is the culmination of eight years continuous reform and learning. Jersey now has a future-proof law and can adapt its licensing regime to meet the demands of a highly creative and adaptive industry.
"I think being able to set our conditions to reflect business realities, rather than legislative categories, will make Jersey a growing jurisdiction of choice for e-gaming business and more widely."
