Switzerland is also working on its new law on gambling in 2017. The law is intended to keep the state casinos and the lotteries their monopoly. The casinos are also to offer online gambling games, which are explicitly allowed in the design. Private non-legal vendors are to be kept away from the regulated market through network or financial transaction barriers. Only a few days ago, expert reports from the University of Zurich and the University of Bern confirmed the unconstitutionality of such barriers. Now the Swiss Association for Communication Networks “Suisse Digital” demands that the costs for the locks be borne by the domestic gambling license holders.
This week, Thursday, the new Swiss law on the gambling of gambling is taking place before the right of the National Council. The Federal Council and the Council of States want to exclude foreign providers of online gambling from the Swiss market. This is to happen through so-called web locks, in which the Internet providers have to block the access to special pages for their customers. But the providers defend themselves against the plans. They fear, however, that they cannot prevent the barriers because they find a large majority in parliament. Representatives of the opposition vote for this solution.
“Suisse Digital” places demands on the legal commission
The Swiss Association for Communication Networks “Suisse Digital” has now sent a letter to the Legal Commission before the meeting. It seems as if trying to prevent the worst. If the locks cannot be prevented, they should be at least narrowly limited according to the dressing. Web locks are a considerable expense for the Internet providers, as well as high costs. A tight limitation would be best achieved if the internet providers would not remain seated. Instead, the “polluters” are supposed to do this.
The association means the holders of the licenses in Switzerland, i.e. the casinos and lotteries. Also, the providers are given the opportunity to temporarily suspend the locks, if the network quality is impaired thereby. In addition, the association makes it clear in its letter that one would rather not want to lock. These would only lead to a flood of requests to block any content and offers.
Foreign suppliers should be accepted as well as Swiss
The Green National Councilor Beat Flash is planning to open the market. According to him, foreign providers are to be admitted under the same conditions as Swiss. This would bring many advantages: one could do without the unconstitutional barriers, one would reduce the black market and the state would have higher revenues. The market, which amounts to an estimated 750 million francs, could take a lot more tax revenues and taxes.
The University of Zurich concluded in a report a few days ago that net locks were an intrusion into fundamental rights and economic freedom. These interventions could only be constitutional if the locks were appropriate, required and reasonable. However, since such network barriers can be bypassed, this does not apply. The alternative financial transaction locks were also classified as unsuitable, disproportionate and non-objective.
Playing on foreign platforms remains legal
The legislators argue with the protection of addicted gamblers and the income from gambling levy and taxes from domestic gambling. But what if foreign providers are licensed under the new law in Switzerland and fulfill all requirements? They would then also take care of the game protection and pay the gambling levy. And their customers would not do anything forbidden since playing on foreign platforms is neither illegal according to old nor new law.