Законодателство
Чили – Latamwin отива на съд заради забраната за онлайн залагане
By Джеймс - 5 февруари 2024 г.
Latamwin has filed a demand for more certainty before the 16th Civil Court of Santiago, with the aim of legalizing its operations in the country. According to Latamwin, the objective of this judicial move is to “prevent new questioning that could disturb the peaceful development of actions within the framework of its lawful activities as an online betting platform.” In addition they are looking for confirmation that their operation fully complies with the legal framework in Chile and nine other points that have been subject to debate in recent years.
Among their requirements is the ratification that the absence of legal regulation of a certain new economic activity, of a technological nature, linked to online betting platforms does not imply its prohibition, and that no prior legal authorization is required to operate today. In addition they argue that as there is no legal or regulatory prohibition of any kind related to advertising, promotion, on online betting and that contracts between users and these platforms are lawful.
José Francisco García, a lawyer from Gómez, Pallavicini & Garcia, representing Latamwin, explained that “this action seeks to reaffirm in judicial headquarters that online betting platforms strictly adhere to the legal framework and that, on the contrary, the actions of the Casino Superintendence and Subtel (Chile’s telecom regulator) exceed the scope of their powers.” This comes in response to the “coordination” between the gaming board and Subtel which led to the blocking of 23 website platforms by local internet providers.
Latamwin’s lawsuit requests validation that “the Casino Superintendence lacks the competencies to regulate, control, and oversee the development of online betting platforms, as publicly stated by the demanded public agency” and that the “Subsecretariat of Telecommunications, according to its own statements, is limited in its competencies to know and resolve technical matters related to the country’s telecommunications, lacking the faculties to pronounce on the content of telecommunications, so qualifying the legal or illegal nature of a content exceeds the functions established by the Law.”
The lawsuit is accompanied by a legal report from the civil law professor, Carlos Pizarro, which develops and confirms the lawfulness of the activities of online platforms.
In September Chile’s highest court accepted an appeal from lottery operator Пола Чилена де Бенефисенсия and ordered the blocking of online betting platforms. According to the resolution, these websites “carry out gambling activities within the borders of Chile, without legal authorization or from any national tax authority, which is why they are illegal according to national regulations.”
Last month the Undersecretary of Finance Хайди Бернер и ръководител на Управителя на казино игрите (SJC) Вивиен Вилагран представи чилийския законопроект за онлайн хазарта пред икономическата комисия на Сената. Сметката, който беше одобрен на първия етап от Камарата на депутатите през декември има за цел да създаде конкурентен пазар. Той също така се стреми да защити общественото доверие, да защити здравето и безопасността на играчите, да осигури прозрачност в произхода и местоназначението на ресурсите, получени от хазарт, и да събере приходи за държавната хазна и спорта.
