RESPONSIBLE GAMBLING
PLN to 10,000,000 PLN 4 and monthly amounts limits can be settled between 1.2 mln PLN to 5.0 mln PLN per game). From this, it can be generally stated that all obligations arising from the responsible gambling regulations contained in the Gambling Act have been properly considered and implemented with some small differences in the methods of application. However, even the best regulations will not be sufficient if there is no appropriate enforcement of their provisions, including sanctions for infringement. It is noticeable from experience elsewhere that these aspects have proven extremely important for supervisory bodies in countries in the EU, and in the UK. When we compare the levels of activity in this area, the UK Gambling Commission stands out as a regulator which conducts active supervisory activities and applies severe sanctions for breaching the rules of responsible gaming. Fines imposed by the Gambling Commission in recent years have been spectacular reflecting their commitment and determination to protect individuals and prevent gambling harms. In Poland, the art. 89 section 1 subsection 2 and section 4 subsection 2 of Gambling Act, states that the financial fine from 10.000 PLN to 200.000 PLN can be imposed on any entity which is in violation of the terms of the regulations. This seems lenient when compared to the fines imposed by the Gambling Commission in the UK. It should also be noted that proceedings in these matters are not conducted by the Minister of Finance (the supervisory authority), and in any case, publicly available sources indicate that fines for organizing
games which are in breach of responsible gaming regulations are not imposed. It seems likely that this approach may prove insufficient supervision by the authorities in these matters. Summary Taking into consideration all the issues discussed in this paper, it can be stated that the principles of responsible gambling have been implemented in Poland in a consistent manner by all the entities covered thereunder, reflect the guidelines contained in the Recommendation. It is both the policy and practice of regulatory authorities in EU countries and the UK to investigate compliance by entities organizing the gambling games. Comparing compliance against responsible gambling regulations/codes, constitutes the basis for sanctions in case of violations. Fines imposed for breaches of responsible gambling and social responsibility rules are severe and are published. In Poland we note a significant lack of proper supervision by the Ministry of Finance when it comes to compliance by of the operators with the responsible gambling rules. Despite the existence of sanction regulations in Gambling Act, the fines provided for therein are low and are not imposed by supervisory authority. Fines are also disproportionate to potential violations and out of step with fines imposed in other EU countries and UK. We consider that this practice by the Polish authority should change, and be replaced by a the more active enforcement of existing regulations of the Gambling Act to increase the protection of players, including strengthening the actual importance of responsible gambling in Poland.
STANISŁAW RADOWICKI Maanaging Associate, Prof. Marek Wierzbowski i Partnerzy – Adwokaci i Radcowie Prawni For more information contact: + 48 22 312 41 10 s.radowicki@ wierzbowski.com
4 Equivalent to US$2.5 million. By comparison, the UK recently identified a single loss of under US$30,000 as one of the major failings in its enforcement action against online bookmaker William Hill for which the latter received a fine of the equivalent of US$24 million.
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IMGL MAGAZINE | JULY 2023
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