The gaming industry has progressed from the static structure of brick and mortar casinos to the innovation of iGaming, which focuses on high-tech advancements to boost player involvement and make gaming accessible at any time and from any location.
As a result of these developments, identifying the conceptual legal parameters has become more difficult. Regulators are increasingly recognising the value of having a comprehensive and effective legal framework and organisational structure that allows them to meet new issues head-on.
The Malta Gaming Authority (‘MGA’ or ‘Authority’) is the single, independent regulating organisation in charge of all gaming activities in Malta, both online and on the ground.
Legal Framework
The Malta Gaming Authority [hereinafter ‘the Authority’], as established by means of article 5(1) of the Gaming Act (Chapter 583 of the Laws of Malta) [hereinafter ‘the Act’], is empowered to impose different types of enforcement measures for non-compliance with the provisions of the Act or any other regulatory instrument by persons or entities holding an authorisation issued by the Authority [hereinafter ‘the Authorised Persons’].
By virtue of regulation 8 of the Gaming Compliance and Enforcement Regulations (S.L. 583.06) (hereinafter the ‘Regulations’), the enforcement measures which the Authority may take consist of the following:
(a) Issue an order, howsoever named, directing the Authorised Person to do, or to refrain from doing, something or to otherwise correct its conduct and, or operations;
(b) Issue a warning, howsoever named, directing the authorised person to do, or refrain from doing, something in the future;
(c) Add, remove, or amend conditions attached to the authorisation held by the relevant Authorised Person;
(d) In the case of a breach which is not an offence against the Act, impose an administrative penalty in terms of article 25(3) of the Act;
(e) In the case of a breach which is an offence against the Act, and without prejudice tothe possibility of offering a regulatory settlement in lieu of criminal proceedings in line with article 25(1) of the Act, file a report to the Executive Police for the commencement of criminal proceedings; and
(f) Suspend or cancel a licence, as the case may be.
The regulatory instruments distinguish between breaches of the regulatory instruments which amount to offences against the Act, and therefore are criminal in nature, and breaches which are administrative in nature. In the case of the former, criminal proceedings are envisaged, with the offender being liable to a fine (multa) or a term of imprisonment, or both.
However, the Authority is also empowered, in terms of article 25 of the Act, to offer the offender the possibility of entering into a regulatory settlement in lieu of criminal proceedings.
Upon the conclusion of such agreement, the offender’s criminal liability under the Act with regard to the offence or offences in relation to which the agreement has been entered, is extinguished.
VISIT: mga.org.mt/
