Online Gambling

Internet Casinos Inc. (ICI), the world’s first online casino, started operating from August 18, 1995, with 18 different games. Since then more than 1,400 websites, mostly domiciled in small Caribbean islands, have given rise to an industry that grosses over $3 billion a year. In fact no business on the Internet earns more revenue than online gambling. Out of the estimated 14.5 million online gamblers, almost 30 per cent are from Asia.

A bet can be placed in minutes. Anyone with a credit card can set up an offshore currency account with a gambling site, leaving them free to place bets on sporting events like Wimbledon, cricket, horse racing and Formula One, or join a virtual casino to play slot machines, roulette, blackjack, poker etc. Companies like Flutter and Betmart accept bets on anything from who is going to win the Nobel Prize to whether Madonna is getting a divorce or not. Bets can range from a nickel to thousands of dollars and according to whether you win or lose the amount is automatically adjusted to your account. The final balance can then either be mailed to you or left for future bets.

The law relating to online gambling in India needs to be understood within the country’s socio-cultural context. At the outset, gambling, although not absolutely prohibited in India, does not receive express encouragement by policy makers. The Indian organized gambling industry is estimated to be worth around US$8 billion. While stringent laws have checked the proliferation of casinos and high street gaming centres as in many other countries, barring the state of Goa, the lottery business remains the most post popular form of gambling.

Though gambling is not illegal, it is a highly controlled and regulated activity. Modern India is a quasi-federal Constitutional democracy and the powers to legislate are distributed at the federal as well as the state levels. Gambling features in List II of the Constitution of India, this implies that the state governments have the authority to enact laws in order to regulate gambling in the respective states. Thus, there is no single law governing gambling in the entire country. Different states have different laws governing gambling in addition to the laws that have an application across the country. While some states have banned lotteries, other states allow state government lotteries marketed and distributed in other lottery playing and promoting states through private entities.

Regulation of gambling

The courts have defined gambling as ‘the payment of a price for a chance to win a prize’. The dominant element of skill or chance shall determine the nature of the game. A game may be deemed to be gambling if the element of chance or luck predominates in deciding its outcome. As a result, Indian courts have held that betting on horse racing and a few card games are not gambling. The right to undertake the business of gambling and lotteries is not considered as a fundamental right protected by the Constitution of India. It may however be pointed out that the state government run lotteries make significant contributions to the state exchequer of several state governments and the Union government, and hence there is a resistance to complete prohibition.

The following legislation is pertinent to gambling:

The Public Gaming Act, 1867

This Act provides punishment for public gambling and for keeping of a ‘common gaming house’. This Act also authorises the state governments to enact laws to regulate public gambling in their respective jurisdictions. The penal legislations in respective states have been amended in accordance with their policy on gambling. However, this legislation does not have any direct impact on online gambling unless a wide interpretation is given to the definition of common gaming house so as to include virtual forums as well.

The Indian Contract Act, 1872 (ICA)

The ICA is a codified umbrella legislation that governs all commercial contracts in India. Under the ICA, a wagering contract is the one which cannot be enforced. The Act lays down; ‘Agreements by way of wager are void, and no suit shall be brought for recovering anything alleged to be won on any wager or entrusted to any person to abide by the result of any game or other uncertain event on which any wager is made’. Gambling, lottery and prize games have held to be wagering contracts and thus void and unenforceable. While a wagering contract is not illegal, it cannot be enforced in a court of law. Thus, the courts will not entertain any cause of action that arises out of a wagering contract.

Lotteries (Regulation) Act, 1998

This Act provides a framework for organizing lotteries in the country. Under this Act, the state governments have been authorized to promote as well as prohibit lotteries within their territorial jurisdiction. This Act also provides for the manner in which the lotteries are to be conducted and prescribes punishment in case of breach of its provision. Lotteries not authorized by the state have been made an offence under the Indian Penal Code. Several non-lottery playing states, like Gujarat and Uttar Pradesh, have prohibited the sale of other state-government lotteries under this Act.

Indian Penal Code, 1860

Section 294A deals with keeping lottery office. It says that whoever keeps any office or place for the purpose of drawing any lottery not being a State lottery or a lottery authorised by the State Government, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

And whoever publishes any proposal to pay any sum, or to deliver any goods, or to do or forbear doing anything for the benefit of any person, on any event or contingency relative or applicable to the drawing of any ticket, lot, number or figure in any such lottery, shall be punished with fine which may extend to one thousand rupees.

Internet gambling

The law related to gambling is also applicable to online gambling. All gambling contracts are considered to be wagering contracts and it is not possible to enforce such contracts under the ICA, detailed above.

As pointed out earlier, the online lottery is the most popular form of internet gambling in India. Most companies marketing and distributing or conducting state government-sponsored lotteries through the internet are not allowed to sell their services in the states that banned lotteries. In most cases, these marketers and distributors limit their online services to consumers who are residents of the states where a lottery is permissible. Notwithstanding the fact there has been no reported case of breach by any company promoting online lotteries, most of these companies (as a safeguard) seek an undertaking from their consumers relating to their residence.

There have been instances where one state has banned the lottery of other states, including online lotteries. In a recent case, the Karnatka High Court upheld the decision of the Karnataka government to make itself a ‘lottery free zone’ by imposing a ban on lotteries of all other states, including online lotteries under the Lotteries (Regulation) Act 1998. The state government, in this case, directed the closure of the terminals and kiosks selling the online lotteries.

Enforcement over foreign jurisdictions

If the websites are hosted and operated from outside India, it may be difficult for the Indian authorities to issue any directive to close them down or prohibit their access without using its blocking powers under the ITA. The authorities have little to worry about, as Indian foreign exchange laws do not permit remittances outside India for gambling related activity, such as the purchase of lottery tickets, football pools and sweepstakes. As a result, a gambling website hosted outside India aiming at receiving money from within India cannot do so through legal channels.

Addiction – When Gambling Becomes a Problem

While most people enjoy casino gambling, sports betting, lottery and bingo playing for the fun and excitement it provides, others may experience gambling as an addictive and distractive habit. Statistics show that while 85 percent of the adult population in the US enjoys some type of gambling every year, between 2 and 3 percent of will develop a gambling problem and 1 percent of them are diagnosed as pathological gamblers.

Where can you draw the line between harmless gambling to problem gambling? How can you tell if you or your friend are compulsive gamblers? Here you can find answers to these questions and other questions regarding problem gambling and gambling addiction.

What is the Meaning of Problem Gambling?

Problem gambling or compulsive gambling is defined as an uncontrollable urge to gamble despite the destructive effect of gambling on the gamblers life and despite feelings of guilt and remorse. Problem gambling tends to have a negative effect on the gamblers financial state, relationships and daily life. Severe cases of problem gambling can be defined as pathological gambling.

Am I a Compulsive Gambler?

1) Do you gamble until your last penny runs out?

2) Do you gamble to win back your former losses or debts?

3) Did you ever had to borrow money to continue gamble?

4) Did your gambling habit ever made you lie to your friends or family?

5) Did you ever skip work or other obligation to gamble?

6) Do you tend to gamble to forget about your personal problems or to celebrate happy occasions?

7) Does gambling have a negative affect on your daily life or relationships?

If you have answered yes on at least one of the questions listed above, then you have a problem.

Can Anyone Become a Compulsive Gambler?

Theoretically, yes. Any gambler can develop gambling problem regardless to the type of gambling he is occupied with, the amount of money and time he is spending on gambling. Researches show that slot machines that can be found in bars and convenient stores are the most addictive type of gambling activity, while lottery draws and bingo games are located on the other end of the scale. Gambling addiction is an emotional problem; its symptoms, causes and treatments are similar to any other form of addiction.

How Can I treat Gambling Addiction?

1) Group Therapy:

Gamblers Anonymous offers a 12 step self help program similar to the one offered to alcohol addicts in Alcoholics Anonymous. Group therapy also offers gambling addicts advice and support from professional counselors and other gambling addicts in different phases of their recovery process. Gambler Anonymous centers are available in more than 1,200 locations statewide.

2) Individual Therapy:

Cognitive or behavior therapy can help gambling addicts to identify their unaware thinking and acting patterns, which led them to gamble compulsively, and to replace them with controllable and healthier ways of thinking.

3) Psychiatric Medication:

It has recently been proven that antidepressant medications from the family of SSRIs, selective serotonin reuptake inhibitors can be affective in treatment of gambling addicts.

Nostalgia in Games

Nostalgia. The word brings to mind a joyous familiarity felt when engaging in something in the present that we really enjoyed doing in the past. Gaming is no different. Everyone has games that bring back memories from, what we think of now as, better times. Hindsight is a like the snob that points out what you could have done, hindsight tells us our childhood may not have been as bad as we thought. As adults we know how the world works. When we were growing up, we never really had a grip on the world. Hindsight tells us that those times were better, safer, less complicated. Games that bring on nostalgia puts us in the mindset of a kid again. It makes us feel safe, secure, and protected. Humans have a natural tendency to want safety and protection. Especially the adults, because as adults we know just how quickly the world can go from OK one day, to horrible the next. As gamers we seek safety and security in games.

I started gaming when I was very young as most gamers my age did. I grew up playing Super Nintendo and Nintendo 64 with my mom and sister. Super Mario, Kirby, and Mario Cart were a few of the titles that we played. Zelda was perhaps the biggest game we played. My mom has problems with fast-moving games like Call of Duty and other highly graphic games. So we played Super Nintendo and what a time it was! Zelda on the Super Nintendo we beat many times. I say “we” but it was my mom playing not me or my sister. Even thinking about it while writing this I’m getting nostalgia. We kept getting close to the end and then the game wiping our save out so we started over like three times. It was good times. That was when I was around six or seven or eight. Long time ago. Nostalgia gives us hope for the future. It tells us that if good times happened in the past then more good times will happen in the future.

Later I started gaming on my own. It is hard to think about what game came next in chronological order but they all had a theme: single-player strategy. A broad gaming description that can fit a lot of games in it. Games like Pharaoh and Cleopatra, Age of Empires II, and of course Sid Meier’s Civilization III. I was not allowed to play shooters as they had bad language in them and so was restricted to single player games. My parents were very protective and games were not as prevalent twenty years ago as they are now. Pharaoh is a city builder placing you in ancient Egypt. The goal of the game was the build great cities using the resources at your disposal and it was quite a challenge for an eleven year old. Age of Empires II is a real-time strategy game that is completely different from pharaoh. You have to balance resource collection and troop production to take down either AI or other players. Civ III was probably my favorite game growing up. To this day, I still play pharaoh and age of empires II.

Think about what nostalgia is again for just a second. It is a feeling coming from a memory. A memory of “better times” that may or may not be accurate. Games we played a long time ago, that brings back those memories, might not continue to be fun. Civ III I played for hundreds of hours when I was younger is not as fun now that I am older so I do not play it as much now. Sometimes nostalgia lies.

In conclusion, nostalgia in games is a good thing. It allows us to relive parts of our childhood that we otherwise would not have a reason to bring back up from the depths of our minds. Many people say that video games lead to anti-social behavior, violence, and a drop in school grades. Video games teach us how the world is. When you are playing multiplayer of any game you will usually find people who are just toxic. It prepares for dealing with the worst society has to throw at us. Human beings are prone to violence. The first murder happened when Cain killed Abel back in Genesis. I am pretty sure at they did not have video games back then. So this point is always going to be moot. The only point that actually makes sense is the drop in school grades. It takes a great deal of discipline to do school work over video games. It builds character this discipline. So next time you feel nostalgia coming on, take some time to stop and smell the memories. Bask in the thoughts of better times and the hope that good times are still ahead, no matter what the world tells you in the present. This is what video game nostalgia teaches us.