The Singapore Law Gazette

When Destiny Does Not Favour the Gambler

A Commentary on the Gambling Regulatory Authority of Singapore Bill and the Gambling Control Bill

It is apt and timely that Singapore tightens the reins over problem and pathological gambling that runs the risk of escalating particularly with technological advancement. The Gambling Regulatory Authority of Singapore Bill and the Gambling Control Bill that were first introduced in Parliament on 14 February 2022 seek to protect society from falling into such forms of vice. Laudable changes to consolidate the regulation of gambling under one authority and to provide strong legislation support, coupled with tough enforcement will impede unlawful gambling from taking root.  

1. The Gambling Regulatory Authority of Singapore Bill and the Gambling Control Bill (the Bill) were first introduced in Parliament on 14 February 2022.¹Gambling Regulatory Authority of Singapore Bill (Bill 5 of 2022) and Gambling Control Bill (Bill 6 of 2022). Gambling has existed since eons ago and has evolved with technology. It is essentially a game of chance with a tinge of probability and is often associated with crime. This commentary will briefly discuss some of the more enlightening changes in the gambling landscape: a centralised regulatory body to deal with gambling activities, advancements in impending gambling legislation, fresh licensing regimes and inappropriate gambling advertisements.
2. Singapore recognises the practicality that gambling can never be completely eradicated and has instead allowed it to operate in a controlled environment.²“Public Consultation on the Review of Gambling Laws” (12 July 2021) <https://www.mha.gov.sg/mediaroom/press-releases/public-consultation-on-the-review-of-gambling-laws> (accessed February 2022). The changes are much welcomed to maintain a safer landscape for gambling to continue albeit with modern incisive regulatory provisions.

Birth of a New Regulatory Body

3. It cannot be denied that technology has boosted the outreach of gambling activities to the public.³“Establishment of Gambling Regulatory Authority and Review of Gambling Laws” (3 April 2020) <https://www.mha.gov.sg/mediaroom/press-releases/establishment-of-gambling-regulatory-authority-and-review-of-gambling-laws> (accessed February 2022). Further, the gaming industries have foreseeably evolved to entice consumers to continue their patronage.⁴“Public Consultation on the Review of Gambling Laws” (12 July 2021) <https://www.mha.gov.sg/mediaroom/press-releases/public-consultation-on-the-review-of-gambling-laws> (accessed February 2022). This may not be an evident problem now⁵Theresa Tan, “Gambling addiction rate under control: Survey” The Straits Times (28 March 2018). but if left unchecked, it could breed inveterate gamblers of all ages and could lead to pathological vice.
4. Therefore, it was prudent for for the Singapore government to streamline the regulation of gambling to one dedicated agency – the Gambling Regulatory Authority (GRA).⁶Gambling Regulatory Authority of Singapore Bill (Bill 5 of 2022) Various government agencies such as the Casino Regulatory Authority, Gambling Regulatory Unit under Ministry of Home Affairs, and the Singapore Totalisator Board are currently performing regulatory gambling roles at different spheres that are arguably not efficient. Gambling, in any probability and scale, is still gambling. As such, it is more effective for a single authority to oversee the regulation of such activity.

Advances in Gambling Legislation

5. The Bill will consolidate gambling offences and regulate non-casino gambling.⁷Gambling Control Bill (Bill 6 of 2022) Explanatory Statement. This is timely as the amalgamation of transgressions under the Betting Act 1960, Common Gaming Houses Act 1961, Private Lotteries Act 2011 and Remote Gambling Act 2014 would ensure effectiveness and efficiency in the regulation of gambling services and prosecution of the offences. The public will also be in a better position to comprehend the nature of such offences without being confused by multiple Acts dealing with the same subject matter. In addition, with the expanded functions of the National Council on Problem Gambling, much needed help would be provided for the public suffering from gambling harm outside of casino products.⁸Gambling Control Bill (Bill 6 of 2022) Explanatory Statement.
6. The Bill further seeks to amend the definition of gambling to cover existing forms as well as practices that transcend technology.⁹Gambling Control Bill (Bill 6 of 2022) cll 4 and 7. By defining gambling activity to include any transaction by way of gambling that will be classified under the regulations as well as to provide that whether money, money equivalent or anything of value is used by or on behalf of a punter, remotely or not, to stake, bestows very broad powers to the authorities to define the meaning of gambling.¹⁰Gambling Control Bill (Bill 6 of 2022) cl 7. This is a much appreciated move as Singapore cannot be transfixed with the proverbial casting of lots and should evolve with technology to tackle creative gambling methods. Logically and rightly so, investments in financial products are aptly excluded from the scope of the definition.¹¹Gambling Control Bill (Bill 6 of 2022) cl 5.
7. The Bill also recognises that certain forms of social gambling are inevitable.¹²Gambling Control Bill (Bill 6 of 2022) cl 12. Many friends and family members will indubitably participate in social gambling activities when they get together. This should not be a crime as long as it is not commercial gambling or remote gambling.¹³Gambling Control Bill (Bill 6 of 2022) cl 12. It is laudable that the elements of what constitutes social gambling are tightly legislated with provisions that include premises where gambling should take place, who the participants of social gambling are, the frequency of occurrences of social gambling where substantially spontaneous gambling remains the hallmark and the absence of private gain or benefit, other than through winnings by social gamblers.¹⁴Gambling Control Bill (Bill 6 of 2022) cl 12. Further, it also caters for future ministerial prescriptions of what social gambling encompasses.¹⁵Gambling Control Bill (Bill 6 of 2022) cl 12 Accordingly, those physical social gambling activities will not be barred. Nevertheless, it can be surmised that when societal harmony is disrupted, concerns are raised, harm is caused, laws are disrespected, syndicates are involved or criminal exploitation is evident, swift enforcement action would be taken to excise the problem and restore the social balance.
8. Although there were considerations to decriminalise online social gambling like physical social gambling, Singapore will not seek to loosen the reins over online social gambling as it would be difficult to police such activities.¹⁶“Public Consultation on the Review of Gambling Laws” (12 July 2021) <https://www.mha.gov.sg/mediaroom/press-releases/public-consultation-on-the-review-of-gambling-laws> (accessed February 2022). It is foreseeable that criminal syndicates can easily manipulate the elements of what social gambling entails to attract the same exemptions from punishment as physical social gambling. Therefore, online social gambling should continue to be curbed with wide powers to block online remote gambling services.¹⁷Gambling Control Bill (Bill 6 of 2022) cl 117.
9. In addition, the penalties for gambling offences will be rationalised to ensure that the most culpable offender, being the operators, are the stiffest. The punters will be the least culpable and the agents will move up the culpability index but fall below the operators.¹⁸Gambling Control Bill (Bill 6 of 2022) Part 2. It is imperative that the Bill should differentiate and punish in accordance to the different roles played by the perpetrators in a regime where harm and culpability are the sentencing cornerstones. More significantly, there is a galore of strict lability offences to negate the proving of fault elements,¹⁹Gambling Control Bill (Bill 6 of 2022) cll 18, 21, 22, 23, 24, 25, 26, 28, 30, 31, 34 and 85. a stringent placement of burden of proof on an accused for his defence to avoid conviction,²⁰Gambling Control Bill (Bill 6 of 2022) cll 21, 22, 23, 25, 26, 30, 32, 35, 36, and 114. coupled with probative presumptions²¹Gambling Control Bill (Bill 6 of 2022) Part 3. help to instil the necessary confidence in policing the system and to effect deterrence through potent prosecution. Predictably, proxy gambling will also be barred to ensure that the real gamblers cannot hide behind a proxy veil to enter gambling premises and evade detection measures to place bets.²²Gambling Control Bill (Bill 6 of 2022) cll 7 and 28. These expansive tools culminate in a foreseeable zero-tolerance approach to any transgressions.
10. Unsurprisingly, in line with a staunch stance to weed out unlawful gambling, sentences for offenders of unlawful gambling will be substantial and imprisonment will be imposed for agents, operators, persons possessing unlawful gambling instruments and persons deemed to be involved in unlawful gambling.²³Gambling Control Bill (Bill 6 of 2022) cll 18, 19, 21, 22, 23, 24, 25, 27, 29, 36 and 37. Repeat offenders will also naturally face higher penalties for their roles.²⁴Gambling Control Bill (Bill 6 of 2022) cll 18, 19, 21, 22, 23, 24, 25, 27, 29, 36 and 37. Unlawful gambling will be met with strong condemnation.
11. To protect the vulnerable from addiction, it will be an offence for any underaged person below 21 years old to gamble²⁵Gambling Control Bill (Bill 6 of 2022) cl 31. or to enter gambling premises with restricted entry checks and periods.²⁶Gambling Control Bill (Bill 6 of 2022) cl 32. Singapore Pools’ physical outlets are exempted as they are easily accessible so an underage person may inadvertently step into such premises.²⁷Gambling Control Bill (Bill 6 of 2022) cl 32. Further, gambling at Singapore Pools’ physical outlets will remain at 18 years of age.²⁸Gambling Control Bill (Bill 6 of 2022) cl 13. The crux of the protection is to possibly pursue a consistent ideological approach – to prevent problem and pathological gambling from seeding in Singapore, including the underaged group.²⁹“Gambling Social Safeguards” < https://www.msf.gov.sg/policies/Pages/Gambling-Social-Safeguards.aspx> (accessed February 2022)
12. It would also be an offence for excluded individuals to gamble and visit gambling arenas where exclusions apply.³⁰Gambling Control Bill (Bill 6 of 2022) cll 31 and 32. This exclusion streams from the ones under the current Casino Control Act.³¹Gambling Control Bill (Bill 6 of 2022) cll 31 and 32. Logically, these offences will not apply to individuals who apply for self-exclusion as criminalising these individuals will undermine the desired purpose of self-regulation.³²Gambling Control Bill (Bill 6 of 2022) cll 31.
13. Consequently, operators who permit underaged persons or excluded individuals to gamble or enter gambling arenas where exclusions apply will face offences or punitive actions from the GRA.³³Gambling Control Bill (Bill 6 of 2022) cll 30 and 82.

Licensing

14. Any game of chance and probability is, arguably, gambling. Businesses are creatively promoting games that are gambling in different guises. These include mystery boxes that promise high-value returns.³⁴“Public Consultation on the Review of Gambling Laws” (12 July 2021) <https://www.mha.gov.sg/mediaroom/press-releases/public-consultation-on-the-review-of-gambling-laws> (accessed February 2022). To resolve this, a class licensing regime would be established to regulate such lower risk gambling practices.³⁵Gambling Control Bill (Bill 6 of 2022) cl 60. There will also be restrictions on the value of the products to be won.³⁶Gambling Control Bill (Bill 6 of 2022) cl 7. This is in tandem with an operator licensing regime to regulate the main higher risk gambling activities.³⁷Gambling Control Bill (Bill 6 of 2022) cl 52. In essence, the differentiated licensing regimes would ensure greater accountability from all operators of gambling activities and reduce the social ills of gambling.

Attention on Advertisements

15. Lastly, a most welcome move to define “gambling advertisement” and what constitutes “inducement to gamble” is illuminating.³⁸Gambling Control Bill (Bill 6 of 2022) cl 16. Websites that contain remote gambling details can be deemed as advertising for gambling and any document or message containing information to entice or promote gambling can amount to an unlawful inducement.³⁹Gambling Control Bill (Bill 6 of 2022) cl 16. In addition, it is a strict liability offence for any person who advertises any unlawful gambling.⁴⁰Gambling Control Bill (Bill 6 of 2022) cl 85. This ring-fencing of advertising mechanisms of gambling helps to curtail the inappropriate practices of businesses in enticing potential patrons to gamble. GRA will also be empowered to order the perpetrators to halt the offending advertisements, remove them and publish corrective advertisements.⁴¹Gambling Control Bill (Bill 6 of 2022) cl 87.

Conclusion

16. Gambling cannot be obliterated but it can be tolerated – within carefully prescribed boundaries to counter the challenges posed by the different modalities of gambling. Singapore, through these legislative amendments, will strive to reduce social harm caused by excessive gambling in all forms and guises and maintain a balance between appreciating human frailty and syndicated crime that exploits such weaknesses.
17. With bated breath, punters, agents and operators are awaiting the upcoming Casino Control (Amendment) Bill that shall further augment Singapore’s capabilities to deal with problem and pathological gambling, and enhance the soon to be formed GRA’s effectiveness to tackle any difficulties.
18. In summary, despite problem and pathological gambling being tamed,⁴²National Council on Problem Gambling, Report on Survey on Participation in Gambling Activities Among Singapore Residents, 2020 (29 July 2021) at p 4. the establishment of the GRA, the amendments and consolidation of gambling legislation, the strict licensing controls as well as the policing of advertisement mechanisms are not a gambler’s fallacy. It is a calculated wager in the right moral direction, gaining generational momentum, from days of yore.