Dia Gambling

Health & Science

Public health advocates say the Department of Internal Affairs is prioritising the profits of Kiwi gambling companies over the health of Kiwi gamblers, Marc Daalder reports.

New Zealand spends hundreds of millions of dollars on online gambling every year, but only two Kiwi organisations are earning anything from it. The rest is flowing to overseas websites - and domestic companies want in.

To deal with the thorny issue, the Department of Internal Affairs has launched a probe to discover what it should do about gambling websites. In August, DIA released a discussion document presenting four options, as well as a set of 'add-ons'.

Public health advocates like the Problem Gambling Foundation's Andree Froude say the document prioritises the profits of gambling companies over the health of gamblers.

Is DIA focused on the right issue?

Gambling

At the moment, only two New Zealand companies are allowed to operate a gambling site in the country: the TAB and Lotto.

In the discussion document, DIA lays out four main proposals: maintain the status quo; allow TAB and Lotto to market more online gambling products; open up the market to all domestic companies under a licensing scheme; or open up the market to all domestic and foreign companies under a licensing scheme.

Notably, none of the proposals detail winding back online gambling or engaging in harm minimisation - these suggestions are left to the side as potential 'add-ons'.

'Our concern is always going to be around the harm,' Froude says. 'We don't want to see a whole lot of different gambling operators offering online products to New Zealanders. More importantly, we want to make sure that the online operators are going to be regulated in such a way that consumers are protected.'

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Max Abbott, a professor of psychology and public health at AUT who specialises in gambling, said that all the options were worth discussing. Nonetheless, he said, 'my preference, frankly, would be option one. I'd actually suggest that we even look seriously at blocking access to international sites because many of them aren't safe.'

What can be done?

This online idea blocking was also floated by DIA in the 'add-ons' section, but in a confused manner that made it seem like an afterthought. It proposed censoring the internet in a way that New Zealand doesn't even reserve for extremist content or child pornography.

Other 'add-ons' rely on the goodwill of gambling operators, including overseas companies which aren't subject to New Zealand regulations or tax laws. DIA suggests that 'gamblers could self-exclude themselves from using particular gambling operators or products (if this function was offered by the operator)'.

Alternately, DIA has proposed geo-blocking, which is the technology that companies like Netflix use to restrict content to different countries. In other words, DIA wants to ask offshore operators to voluntarily block New Zealanders.

Another suggestion involves working with domestic credit card companies to block Kiwis from using credit cards on gambling sites. This is being investigated in the UK and is already in place in Australia.

Abbott also suggested placing compulsory caps on the amount of money that New Zealanders could lose to a given site. This would require a licensing and regulatory scheme with participation from operators, but would work with domestic companies.

Online gambling's scale

Seven percent of New Zealand gamblers are problem gamblers, according to DIA. While these gamblers are disproportionately concentrated in real-life gambling, that could change as online gambling grows more popular.

The amount of money spent on offshore gambling sites nearly doubled between 2015 and 2017, and Lotto NZ's own online gambling programme saw a 26 percent increase in sales last year.

It still represents a small proportion of the $2.4 billion that Kiwis spend on gambling every year, but the astounding growth rate of online ventures leaves little doubt that it could be the future of the industry in the country.

However, Kiwi gambling companies aren't waiting around for DIA to reform the system. SkyCity, the Auckland-based casino operation, has launched a Malta-based online casino in a bid to win a share of some of the hundreds of millions of gambling dollars that flow overseas annually.

Dia Gambling Sites

SkyCity did not respond to a request for comment.

Dia Gambling Definition

Internal Affairs Minister Tracey Martin said the Government was 'after peoples' views' with the discussion document.

'There are four general ‘options’ to guide that discussion, but people are free to put in any views or proposals they have,' she said.

'All of these will be considered in the policy work that will occur after submissions close at the end of September.'

Technology

Internet freedom advocates have slammed the Government for proposing censorship of online gambling sites, Marc Daalder reports.

The Department of Internal Affairs' discussion document on online gambling in New Zealand has come under fire from all angles.

First, public health advocates slammed the paper for focusing on opening up the online market to New Zealand companies instead of achieving harm minimisation.

Now, digital rights advocates have taken aim at the Government for threatening to block access to overseas gambling sites.

The proposal is one of a handful in the document that examine cutting back on online gambling, but InternetNZ's chief executive Jordan Carter says this is the wrong approach.

Internet service providers (ISPs) like Vodafone and Spark have also expressed opposition to the proposal.

Technical aspects murky

The notion of banning access to overseas gambling operators is not fleshed out in detail in the DIA discussion document.

Gamble

'New Zealanders (and those residing in or visiting New Zealand) could be prohibited from visiting online gambling sites based overseas or domestically apart from those authorised by law and licensed to operate in the New Zealand market.

'A compliance strategy and prosecution guidelines would need to be developed by the Department of Internal Affairs,' it states.

The document also raises the idea of 'geo-blocking', but uses the term incorrectly.

Geo-blocking is when sites such as Netflix block access to American content from New Zealand. It is unlikely that gambling sites would voluntarily block Kiwis from accessing their products.

'If the gambling sites themselves block New Zealanders from connecting then that would constitute as ‘geo-blocking'. However, if the Government is doing the blocking, this would in fact be government filtering of the Internet,' Carter said.

DIA briefly engages with the concept that such a ban would amount to censorship, then dismisses it.

'The government geo-blocking or prohibiting access to gambling websites may raise issues of censorship, especially if used too broadly. However, only applying restrictions to unauthorised or noncompliant operators would be unlikely to raise these issues, provided the public had sufficient choice of gambling product.'

But Carter says that 'New Zealand needs to make careful decisions about who should have the ability to block any parts of the Internet'. He also doesn't think it will work.

'InternetNZ is very skeptical about the effectiveness of filtering the Internet for this purpose and thinks it's likely to be unsuccessful.'

In a statement, a Vodafone spokesperson said: 'We don’t believe that it is the role of the ISPs to police the internet. We will always block sites where we are required to block, and will continue to work with government agencies on instances where it may be appropriate to do so.

'However we won’t support requests to voluntarily block access to international online gambling sites on a blanket basis – this would need to be directed by relevant government agencies or legislation.'

As it stands, the Government is unable to demand any websites be blocked. ISPs voluntarily blocked access to websites distributing the manifesto and video produced by the alleged Christchurch shooter in the weeks after March 15.

Meanwhile, Spark's corporate relations lead Andrew Pirie worried about the Government passing legislation to block websites.

'There is currently no provision under New Zealand law which compels internet service providers (ISPs) to block access to any overseas website, including online gaming sites,' Pirie said.

'It would be a significant step for Government to consider imposing such a legislative requirement in respect of gaming sites, in isolation to consideration of the much bigger and broader issues regarding website access blocking that have become the subject of discussion following the Christchurch attacks.'

As it stands, the Government is unable to demand any websites be blocked. ISPs voluntarily blocked access to websites distributing the manifesto and video produced by the alleged Christchurch shooter in the weeks after March 15.

After the El Paso Walmart shooting in early August, Spark NZ and 2degrees also pledged to block the far-right 8chan message board if it reemerged.

DIA maintains a list of child pornography websites that it has asked ISPs to block, but this is a voluntary agreement.

Critics say proposals help SkyCity, not New Zealanders

The ban on gambling websites is framed as an 'add-on' to any one of the four main proposals included in DIA's paper.

Gambling

These include sticking with the status quo, under which Lotto NZ and TAB are the only Kiwi organisations able to participate in online gambling; expanding the roster of online products that Lotto and TAB can operate; allow for the licensing of other domestic online gambling sites; or allowing for the licensing of domestic and international online gambling sites.

None of these would prohibit existing online gambling sites from profiting off of New Zealanders. Instead, DIA turned to the online censorship idea and a handful of other, better-sourced concepts as potential supplements.

These include working with credit card companies to stop credit cards from being used on gambling sites, which would prevent people from going into debt while gambling. The UK is considering a ban on credit card use on gambling websites.

DIA also floated the idea of blocking access to unauthorised sites on public wi-fi networks, which would pose fewer issues than the more controversial, nationwide proposal that raised InternetNZ's ire.

Nonetheless, critics have argued the document shows the Government is not looking out for the well-being of Kiwis, and is instead focused on maximising the profits of domestic gambling operators like SkyCity.

The Kiwi casino launched an online gambling site overseas in August and is eagerly awaiting the chance to run it in New Zealand.

'The Government has given us four options and one of them focuses on expanding what already exists, and two are about opening the market. I don't think the harm aspect has been thought through,' Haylee Koroi, a Māori public health advocate, told Radio New Zealand.

Internal Affairs Minister Tracey Martin did not answer questions about the proposed online ban, instead saying in a statement that 'it’s a discussion document on online gambling so we’re after peoples’ views'.

'There are four general ‘options’ to guide that discussion, but people are free to put in any views or proposals they have. All of these will be considered in the policy work that will occur after submissions close at the end of September.'

The Department of Internal Affairs said it was unable to comment in time for publication.

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