The Government’s Failure To Regulate Online Gambling
There is no law or regulation that prohibits gambling advertising in Malaysia. Although gambling is not formally legalized in Malaysia, it is not against the law to display gambling advertisements and logos in public places as long as they are not used for immoral purposes. As regards to online gambling in Malaysia, only operators and advertisers who operate within the law and those that have obtained a license from the Cyberspace Commission of Malaysia (CAM) are recognized by the Internet Content Provider (ICP) and the Malaysian Internet Super Broadband Corporation (MISC). The Internet Super Broadband Corporation (ISCB) regulates all content providers in Malaysia. In addition, all operators of gambling advertising campaigns in Malaysia are required to register with the Anti-Cybersquatting Agency (ACDA) and the Communications and Multimedia Development Agency (ammersi) before displaying gambling advertisements on their Websites.
The main consideration when it comes to Internet gambling activities in Malaysia is the issue of advertising freedom. Both the government and the private sectors have a great deal of leeway in deciding how they can advertise their products and services. Gambling advertisements may be distributed free through mass media, including newspapers and the Internet, and they may appear anywhere where gambling is normally conducted, including cinema halls, newsstands, tourist sites, shopping malls and airports.
Gambling advertising is an essential source of generating local income for Malaysia. However, it has also led to some negative consequences for the local economy. For instance, the revenue generated through gambling activities in Malaysia is only a small fraction of the revenue produced through gambling in the United States, Canada and Great Britain. The lack of legislation covering gambling advertising in Malaysia poses serious challenges to the survival of the film and gambling industries in Malaysia.
This has become one of the most pressing issues in the area of gambling regulation in Malaysia. The Malaysian Gaming Commission or MMCA is responsible for the regulation of all matters relating to casinos, gaming tables, gambling advertising, sports gambling and lottery. Although the government controls some aspects of these matters, especially the distribution of gambling advertisements, the control is not complete. Private organizations are free to run their own gambling operations in Malaysia and there are many areas in which they have successfully operated gambling facilities.
Many countries around the world restrict the display of gambling advertisements. They do this so as to protect the reputation of gambling institutions and individuals and so as not to encourage people to start gambling on a large scale. In Malaysia, the lack of legislation covering gambling and the presence of numerous gambling advertisements on the Internet lead to situations where people who are merely interested in gambling activities are harassed by people wanting to make a quick buck through gambling transactions. Such cases have led the government to amend the law in 1997 to strengthen the regulation of gambling in Malaysia.
There are however many other factors that affect the regulation of gambling in Malaysia. First of all, there are many religions in Malaysia that forbid gambling. The Roman Catholic Church and the Islam religion both prohibit the practice of gambling. Even Buddhists and some other non Christianity religions forbid the public display of gambling advertisements.
This leaves gambling operators with very few options. In countries with no strong government regulation of gambling, the only option is to put up gambling advertisements on the Internet. This poses a challenge to the government because it means that the government must regulate Internet gambling in a similar way it regulates other businesses on the Internet. The lack of expertise in this area means that the government has not been able to come up with a proper solution to the problem of Internet gambling advertisements. Many governments around the world have taken a similar approach to online gambling and have imposed tough laws on operators of gambling websites that try to flout the law.
Without some form of law governing gambling advertising, the Internet will be filled with gambling advertising that is not relevant and therefore not useful to people who want to gamble. This could lead to a reduction in the number of people who want to gamble online. At the same time, the government should promote Internet gambling as much as possible. It should not point the finger at gambling advertisers but promote its own policies for Internet gambling responsibly. That might include regulating online gambling advertising more stringently than it regulates traditional media advertising.
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