The evolution of a remote gaming industry through online betting and gaming transactions by electronic measures gives rise to legal conflicts and issues : the Zeturf judgment

Abstract

The Internet has penetrated every aspect of our daily life and has become a dominant feature in every transaction we conduct. Never the less, no one ever managed to come up with a definition of cyber space however, 'most industry commentators would agree upon a description of the Internet as a public international network of networks. '1 The Remote Gaming industry has been growing at a fast pace for the last ten years and is expected to keep on growing. Malta was the first Member State of the European Union to regulate the industry through the Remote Gaming Regulations by L.N. 176 of 2004. Different E.U. Member States adopt different approaches in face of this new industry. Various E.U. Member States have decided to prohibit the cross border element of Remote Gaming in which private operators compete to penetrate different jurisdictions to offer their gaming services to prospective players. The prohibition is covered under the premise of the State's concerns towards consumer protection, minorities and the public order, none the less these States are characterised by established monopolies which are guaranteed full protection of the Member States in which they are found. European Law is founded on a number of fundamental principles and for the purposes of this study, the freedom of services is examined in great detail. Due to the number of problems and legal challenges which are arising out of a number of cases in virtue of these cross-border realities, the time has come for a standard minimum law to be established at a European Level we would require compliance by all Member States. However as this study examines, this ideal scenario is quite far away, because Member States are concerned that this would imply loss of revenue.