Regulatory Resistance? Narratives and Uses of Evidence around “Black Market” Provision of Gambling during the British Gambling Act Review

Abstract

Commercial gambling is increasingly viewed as being part of the unhealthy commodities industries, in which products contribute to preventable ill-health globally. Britain has one of the world’s most liberal gambling markets, meaning that the regulatory changes there have implications for developments elsewhere. A review of the British Gambling Act 2005 is underway. This has generated a range of actions by the industry, including mobilising arguments around the threat of the “black market”. We critically explore industry’s framing of these issues as part of their strategy to resist regulatory change during the Gambling Act review. We used a predefined review protocol to explore industry narratives about the “black market” in media reports published between 8 December 2020 and 26 May 2021. Fifty-five articles were identified and reviewed, and themes were narratively synthesised to examine industry framing of the “black market”. The black market was framed in terms of economic threat and loss, and a direct connection was made between its growth and increased regulation. The articles mainly presented gambling industry perspectives uncritically, citing industry-generated evidence (n = 40). Industry narratives around the “black market” speak to economically and emotionally salient concerns: fear, safety, consumer freedom and economic growth. This dominant framing in political, mainstream and industry media may influence political and public opinion to support the current status quo: “protecting” the existing regulated market rather than “protecting” people. Debates should be reframed to consider all policy options, especially those designed to protect public health.

Safer Gambling and Consumer Protection Failings Among 40 Frequently Visited Cryptocurrency-Based Online Gambling Operators

“…The present results provide insights to the current policy debate around safer online gambling, with much attention focused on regulated operators (DCMS, 2020; Gambling Commission, 2019 and Select Committee on the Social and Economic Impact of the Gambling Industry, 2020). Spokespeople for the UK gambling industry have raised concerns around "black market" operators, who take bets in conventional fiat currency, but without being licensed in a given jurisdiction (Wardle et al, 2021). The present results suggest that cryptocurrency-based gambling operators should also be closely monitored, as another potential driver of harm.…”

Safer gambling and consumer protection failings among 40 frequently visited cryptocurrency-based online gambling operators.

“…The present results provide insights to the current policy debate around safer online gambling, with much attention focused on regulated operators (DCMS, 2020; Gambling Commission, 2019; Select Committee on the Social & Economic Impact of the Gambling Industry, 2020). Spokespeople for the U.K. gambling industry have raised concerns around “black market” operators, who take bets in conventional fiat currency, but without being licensed in a given jurisdiction (Wardle et al, 2021). The present results suggest that cryptocurrency-based gambling operators should also be closely monitored, as another potential driver of harm.…”

“…However, other developments in online gambling can be disruptive and introduce new challenges with respect to keeping gamblers safe. Some recent discussions have focused on "black market" operators, who accept customers from a jurisdiction without being duly licensed to operate there (Wardle et al, 2021). The present research focuses on another technological innovation which might present a unique set of regulatory challenges for online gambling: cryptocurrency (colloquially known as "crypto").…”

No evidence that Chinese playtime mandates reduced heavy gaming in one segment of the video games industry

“…Additionally, there are concerns that other policies may ‘backfire’, and lead to the accidental emergence of novel sources of harm. For example, narratives around ‘black market’ gambling deal with the idea that overly stringent regulation of gambling may drive individuals towards unregulated, and potentially riskier, spaces such as cryptocurrency-based gambling sites 52 – 54 .…”