Mr John Stawyskyj
Partner & Global Gaming Practice Head, President of IAGA

John Stawyskyj is global head of Ashurst’s gaming practice and is a recognised leader in real estate, hotels and gaming law. John is experienced in all aspects of land based and internet gaming issues, commercial transactions involving the gaming industry, including acquisitions, disposals, joint venture arrangements, development projects, leasing, financing arrangements, regulatory issues and drafting of management and operating agreements for gaming operations. John has had extensive experience in advising on interactive and online gambling services, SMS betting competitions and other internet gaming activities. John is the current outgoing President of the International Association of Gaming Advisors (IAGA).

INTERNATIONAL GAMBLING LAWS & REGULATIONS REVIEW

Digital innovation has facilitated the evolution of the global gambling industry. The proliferation of online platforms has revolutionised the way players engage with gambling activities, transcending geographical boundaries and creating a truly global market. As modern consumer preferences and practices increasingly prioritise convenience, accessibility to technology has facilitated the development of opportunities and risks for regulators, industry leaders, and policymakers to consider equally. As the industry progresses, the singular consistency remains that the legal and regulatory landscape is governed by flux and change.

The gambling industry is faced with a timeless challenge – upholding a commitment to consumer protection without stifling economic intervention by way of over-regulating.

The increased accessibility to technology has enabled the convergence of gambling and gaming. The line between the two sectors is becoming increasingly blurred, as the incorporation of monetarily risk-based rewards reshape the traditional image of brick-and-mortar gambling enterprise practices. Australia’s National Consumer Protection Framework is reflective of the prioritisation of consumer welfare, through the imposition of credit restrictions and self-exclusion registers at the cost of opportunities to maximise commercial benefit through increased taxation revenue streams. Yet, challenges in ensuring consumer protection arise as identity verification becomes increasingly difficult due to the heavy use of VPNs to access Australian markets from Asian and European jurisdictions.

The growth of the gambling industry is witnessed in its application as a vehicle for foreign investment. It has opened up new pathways to raising capital, fostering innovation and enhancing the global reach of gambling enterprises. Across Asia, countries such as Singapore and Japan have favoured stringent regulation to ensure the prioritisation of national interest and public health over increased foreign investment. Conversely, Malta and Gibraltar showcase the benefits of libertarian-based policies in becoming global gambling hubs. The challenge ahead lies in striking a balance between the approaches, promoting international platforms to accelerate industry growth whilst safeguarding consumer and national interests by limiting cross-jurisdictional risks.

The rapid adoption of digital currencies and artificial intelligence has accelerated growth within the industry – yet regulators must slow down to carefully consider it. The rise of digital currencies as avenues to entrance online and settlement methods in casinos has enabled greater access and convenience to players through seamless transactions and the anonymity imposed by decentralised currencies. Whilst the US has more commonly favoured acceptance of digital currencies in sports betting to maximise the recent sector surge, the UK’s approach reflects the prioritisation of the long term goal of eliminating illicit financial practices from the industry over short-term opportunities to increase capital at the risk of consumer welfare. Such contrast is further demonstrated in data protection management practices, such as the European Union’s General Data Protection Regulation which sets stringent data policies, whereas the US favours a sector-specific regulatory focus. It reinforces that the industry transcends geographic boundaries, challenging us to regulate accordingly.

The global nature of online gambling platforms complicates the enforcement of national regulations. The lack of a unified global framework can lead to regulatory arbitrage, where operators exploit discrepancies between jurisdictions to their advantage. The industry must navigate the complexities of cross-border gambling activities, requiring international cooperation through a regulatory and legislative lens.

Technology is the cornerstone of the industry and is defined by one characteristic – its susceptibility to flux and change. As such, regulators, industry players, and policymakers must uniformly accept the absence of consistency and embrace a nuanced and adaptive framework for decision-making. The industry must foster international cooperation and leverage technological advancements responsibly to successfully navigate the complexities of the global market whilst ensuring consumer protection and economic growth.