In recent times, Swedish gaming operators have found themselves entangled in legal battles with the country’s gaming authority, Spelinspektionen, over the prohibition of wagers on sporting events involving participants under 18. Fines have been imposed on major players like Betfair and Zecure Gaming, leading to legal appeals.
Regulatory Framework and Fines
Under Swedish law, operators are prohibited from offering bets on sporting events with a majority of participants under 18. Violating this rule results in fines imposed by Spelinspektionen. Notable cases include Betfair’s unsuccessful attempt to overturn a SEK 4.5 million fine and Zecure Gaming’s similar legal challenge. The persistence of legal appeals prompted Spelinspektionen to issue a statement, clarifying key aspects.
Court Rulings and Standards
The Court of Appeals, in its rulings, clarified specific standards that govern these cases. Notably, only “registered” participants, such as starting players and substitutes, are considered when calculating the total number of participants. The definition of an “event” extends to individual matches, and the question of manipulation is deemed of “secondary importance.” The frequency of violations, coupled with the percentage of underage players, is considered as mitigating or aggravating factors.
Penalty Size and Gross Turnover
Spelinspektionen emphasized that the penalty fee’s ceiling should be calculated based on the licensee’s gross turnover. However, the courts have shown varying perspectives on how turnover should influence the penalty fee’s magnitude.
The legal battles between Swedish gaming operators and Spelinspektionen have brought to light intricate aspects of the regulatory framework. The court rulings, standards, and considerations for penalty size have shaped the landscape of these disputes. As the gaming industry navigates through these challenges, a nuanced understanding of the legal intricacies becomes paramount for operators seeking compliance and regulatory adherence.