Malta as an online gaming hub : to what extent is cybercrime being defied in this ever-growing sector?

Abstract

This academic research has been motivated by the increase experienced in technologyenabled crime and the simultaneous success of the remote gaming industry. The latter is vulnerable to cyberthreats, especially since gaming operators and players alike may both fall victim to cybercrime, and nevertheless may equally be its perpetrators. Offences embedded within cyberspace exploit the borderless and convenient environment which the internet provides, making prosecution and enforcement very challenging to execute. While Malta has been termed a first-class jurisdiction in remote gaming, one may speculate as to whether the current domestic regulatory framework is equipped to battle the constantly emerging cyberthreats. A preliminary overview of offences in the remote gaming industry has been undertaken, with these offences subsequently analysed in the context of the Criminal Code and the Cybercrime Convention. The subsequent chapter considers sector-specific legislation, with particular reference to the Remote Gaming Regulations (RGR) and the licensing regime established therein. The research carried out has shown that the technology-neutral language of the Maltese legislative instruments is advantageous since it is flexible enough to remain relevant, irrespective of any technological developments. The Criminal Code is especially broad and covers a wide range of offences, despite minor technicalities which have created gaps where computer misuse offences are concerned. Moreover, the licensing regime highlights the ex-ante approach which the regulator favours. The aim of the licensing process in Malta seems to be more administratively oriented, though there are various measures which ultimately assist the prevention of cybercrime. Nonetheless, it has been concluded that the lack of mutual cooperation hinders the effectiveness of the Maltese regime. The last chapter goes on to review the future of the Maltese gaming framework, illustrating the conscious efforts of the Maltese regulator to change and adapt to the evolving threats the remote gaming industry faces.