Politics · Other · 10 hrs ago

Malatsi says he will discuss mobile gambling safeguards with Icasa

Malatsi says he will discuss mobile gambling safeguards with Icasa

South Africa’s communications minister, Solly Malatsi, has not announced new rules or a ban on gambling by mobile phone.

His written reply to a parliamentary question says he will discuss with communications regulator Icasa what it can do under its existing powers.

The question asked about betting vouchers bought through mobile networks and safeguards to prevent minors from buying them.

Gambling is governed by national and provincial gambling laws, with provincial boards licensing and supervising operators.

A lawyer warned that the communications minister cannot use telecoms rules to restrict access to gambling that is legally authorised, and that an attempt could face a court challenge.

Malatsi said a mobile network’s role as a channel for buying or accessing a voucher does not by itself make the gambling service an electronic communications service regulated by Icasa.

His reply did not specify what safeguards mobile operators currently must apply for minors.

The next step described is engagement with Icasa on measures within its existing mandate, including whether current consumer protections are adequate.

What people are saying

Accordingly, where a mobile network or mobile platform is used merely as a channel through which a consumer purchases or accesses a betting or gambling voucher, this does not in itself make the underlying gambling product an electronic communications service regulated by Icasa.
Solly MalatsiCommunications ministervia TechCentral
The minister has not announced a ban on gambling through mobile phones, and it would be incorrect to suggest otherwise. He is examining what Icasa can lawfully do within its existing powers.
Wayne LurieGambling attorneyvia TechCentral
A bet does not become unlawful simply because it is placed on a cellphone. Nor does the use of a mobile network give the communications minister the power to decide which gambling products South Africans may access.
Wayne LurieGambling attorneyvia TechCentral

Sources

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