Authorities from the Argentine State Lotteries Association expressed their concern about some aspects of the bill that received majority opinion last week.
Argentina.- From the Argentine State Lotteries Association (ALEA) they expressed their concern about certain points of the bill advancing in the Chamber of Deputies, which aims to prevent gambling addiction and regulate online gambling and betting.
Both the president of ALEA, Ida López, and the executive director, Mario Trucco, pointed out that the text that received majority opinion last week, is unconstitutional.
In a letter dated November 14, addressed to the leaders of the majority blocks of the Chamber of Deputies, signed by Trucco, the Association explained that the project is "manifestly unconstitutional insofar as it promotes an undue encroachment of the Honorable Congress of the Nation over competencies that from the very dawn of the republic have been considered as not delegated to the provinces of the Nation", the letter states referring to article 121 of the National Constitution which states that “the provinces retain all power not delegated by this Constitution to the national government, and that which they have expressly reserved by special agreements at the time of their incorporation”.
In this regard, the text, which was drafted within the framework of the General Assembly of Members held last week in the province of Córdoba, refers to the fact that the Supreme Court of Justice of the Nation has stated from its origins that the regulation of gambling corresponds to the provinces and the Autonomous City of Buenos Aires.
Furthermore, the members of ALEA considered it important to express their “deep concern” regarding the consequences that would arise from the approval of the project that obtained an opinion within the framework of the committees on Addiction Prevention and Narcotics Control; Social Action and Public Health; Communications and Informatics; Penal Legislation; and Families, Childhood and Youth.
The project seeks “to regulate the advertising, promotion, and exploitation of online gambling and betting sites and platforms, for the purpose of preventing and assisting gambling addiction in adults, children, and adolescents throughout the territory of the Argentine Republic (art 1), while article 5 establishes as purposes “to reduce the exposure of the population to socio-environmental and digital factors that favor the development of gambling addiction; to prevent the negative health, social, and economic consequences derived from the proliferation and use of online gambling; to establish minimum standards aimed at limiting the offer of online gambling; to develop and promote active and specific public policies for prevention and assistance to children and adolescents; to provide guidelines and tools to managers, teaching staff, and the educational community for the comprehensive approach and prevention of cases of gambling addiction in children and adolescents”.
According to ALEA, if the project is approved, “these declared purposes will be frustrated”. And they add: “This in turn will have a negative impact on the people it intends to protect: children and adolescents”.
For the authorities of ALEA, evidence in different countries has shown that prohibiting advertising does not decrease illegal gambling. “On the contrary, this restriction can lead to an increase in access to unauthorized platforms, as reducing the visibility of legal and regulated operators, users may access sites that operate outside the legal framework. This not only affects the safety of the players, but also hampers the efforts of regulatory bodies to control the activity”, explained from the association.
Moreover, they indicated that “the prohibition of advertising limits the possibility of informing about responsible gambling tools, such as self-exclusion programs and help channels”.
Furthermore, they added that along with the prohibition of sponsorships to sports entities, it will cause a “lethal combination”. “Not only will the public be deprived of information about the existence of responsible gambling tools and assistance channels, but it will also defund entities that in their genesis seek social development”, they wrote in the letter.
Furthermore, they explained: “A detailed reading of the content of the project shows that the information and evidence previously presented by ALEA have been disregarded. This generates a very deep concern within ALEA as it notes that the project implies an encroachment on the competencies of ALEA members, while, if approved, it will worsen the situation it intends to contain”.
Furthermore, the authorities made themselves available to work together with the committees on the text of a project that respects the National Constitution and is effective in limiting minors' access to harmful products.
