REGULATION IN ARGENTINA
T he gambling market in Argentina has experienced remarkable regulatory expansion over the past decade, with 22 of the country’s 24 provinces enabling online gambling of one kind or another (online casino or sportsbook). However, continued regulatory fragmentation, the persistence of the illegal market, and the intervention of the National Congress in a matter constitutionally reserved to the provinces generate tensions that threaten the sustainability of the regulated ecosystem. This article analyzes the advances and challenges of the Argentine system, the risks that inadequate enforcement of the law carry, and the steps necessary to protect the public. We also place the Argentine case in an international comparative context and examine how markets can be more effective at channeling demand toward the legal offer. Introduction: federalism under strain Under Argentina’s constitution, gambling regulation, along with many other areas of regulation, is the exclusive competence of the country’s provinces. Article 121 of the National Constitution establishes that all powers not delegated to the federal government remain with the provinces. Gambling regulation was never delegated and, as a consequence, each jurisdiction has developed its own regulatory models. This has created a diverse mosaic of rules and requirements that respond to local political, economic, and social realities. Since 2016, with the incorporation of Article 301 bis into the Criminal Code, a key principle has been reinforced: that companies providing gambling services without a license are not in the gray market, they are black market operators. This aligned the criminal framework with the objective of protecting consumers and strengthening provincial regulators. However, the practical enforcement of these rules has been uneven, and the absence of interjurisdictional coordination raises questions about the effectiveness of the system overall.
of the law – whether through excessive regulation, omissions in the prosecution of illegal gambling, or a lack of coordination between jurisdictions – may compromise the development of a sector that provides economic, fiscal, and social value but which remains under public scrutiny. Advances in the regulated ecosystem The online gambling sector in Argentina has been a story of regulatory expansion with 22 of 24 provinces licensing online gambling in some form. Each jurisdiction has made its own rules giving rise to diverse models covering sports betting, online casino, poker, and interactive lotteries. As the sector has matured, consumers are showing a preference for more complex products, indicating an evolution toward more sophisticated consumption patterns. This is similar the experience in European markets after five years of maturity. Despite Argentina’s macroeconomic volatility, regulated operations show consistent signs of expansion, with increases in tax collection and greater formalization of the sector. Regulated gambling has also consolidated its presence as a relevant economic actor, with influence in legislative debates and public policies on responsible gambling, following the trend of greater institutional legitimacy observed in Spain, Italy, and Colombia. Market fragmentation and illegality lead to negative perceptions Despite the relative success of the regulated market, it suffers from a lack of uniformity. The absence of federal licenses and interprovincial agreements limits scale and results in higher compliance costs relative to the size of each provincial market. An operator seeking nationwide services must obtain multiple licenses, replicate infrastructure, and adapt platforms to different technical and regulatory requirements. The market also suffers from a high level of illegality with private estimates indicating that more than 90 percent of online gambling comes from illegal operators. By comparison,
The central question is whether the inadequate enforcement
IMGL MAGAZINE | SEPTEMBER 2025
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