REGULATION IN ARGENTINA
• Limited territorial coverage: there are no national licenses to facilitate coordinated action. • Judicial restrictions: judges are reluctant to order URL blocking on the grounds that the impact exceeded their local jurisdiction. • Late criminalization: until 2016 the illegal offer was merely a contravention, which weakened the culture of criminal prosecution. • Limited scope: Article 301 bis focuses on operators, without covering promoters, affiliates, or payment processors. In 2024, a paradigm shift occurred when, for the first time, large scale and dynamic URL blocking was ordered. These open orders that also allowed automatic blocking of successor sites were support by prosecutions of influencers as co-perpetrators of the offense. These innovations place Argentina in line with practices observed in Spain and the UK, where dynamic URL blocking has proven effective in reducing exposure to illegal gambling. Nevertheless, the magnitude of the black market requires redoubled efforts. The technological sophistication of illegal operators contrasts with a criminal system designed in the 19th-century. Without effective enforcement, the online black market will continue to thrive. The challenge is to modernize legal and administrative tools to face a digital reality. What is needed? The definitions and scope of criminality must be expanded with new autonomous criminal types covering promoters, affiliates, and payment providers. These are now the central actors in the illegal gambling value chain and should be brought within the net of criminal proceedings. Regulators need greater support with more effective administrative tools enabling them
to order swift URL blocking and to suspend payment processors. These should be supported by review mechanisms to avoid false positives. There also needs to be greater interjurisdictional coordination, through cooperation agreements between provinces and with the Nation, respecting provincial autonomy while enabling joint action against the illegal market. In sum, rather than invading provincial competences with ineffective measures, the National Congress should focus on equipping authorities with adequate tools to confront illegality. Conclusions Online gambling is a global and dynamic phenomenon that demands solid regulatory frameworks and effective enforcement. In Argentina, provincial advances are valuable, but regulatory fragmentation, the high rate of illegality, and negative public perception create systemic risks that threaten the credibility of the regulated ecosystem. The inadequate enforcement of the law – whether through excessive regulation from Congress, omissions in criminal prosecution, or lack of interjurisdictional coordination – places at risk the sustainability of the system. The immediate challenge is twofold: educating the public and effectively combating illegality. Only then will the regulated sector be able to fulfill its true function: ensuring consumer protection, preventing underage access, guaranteeing fair play, and generating genuine tax revenues for the provinces. Ultimately, it is about consolidating an ecosystem that strengthens Argentine federalism and, at the same time, aligns with international best practices in gambling regulation.
TOMÁS ENRIQUE GARCIA BOTTA Attorney - Partner MF Estudio - Abogados For more information contact tomas@garciabotta.com +54 9 11 3462 1801
IMGL MAGAZINE | SEPTEMBER 2025
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