Hernán Calderón Argandoña, César Huispe, and Arturo Longton are three Chilean influencers who share advertisements for betting houses on their social networks.
Chile.- Authorities from the Superintendency of Casinos and Games (SCJ) stated, during an interview with the local media Pulso PM, from La Tercera, that the agency does not have the authority to address the issue of influencers promoting online betting and casino sites through social networks.
However, the SCJ reported that these sites operate illegally and called for expediting the processing of the bill that will regulate the activity.
The inquiry arose due to the proliferation of online casino advertisements on the social networks of some of the most followed influencers in Chile: Hernán Calderón Argandoña, César Huispe, and Arturo Longton are the Instagram and YouTube personalities under scrutiny for their posts.
“Online betting platforms operate illegally, it is not possible to analyze the economic impact on gaming casinos. What is serious is that there is an activity operating outside the law, without paying taxes, which clearly creates unfair competition,” explained a representative of the SCJ in dialogue with the Pulso PM program.
Since 2018, the Superintendency has made 58 complaints to the Public Ministry related to 193 web platforms that would commercially exploit online gambling illegally. It should be noted that in 2024, 10 complaints have been filed, one of which includes 135 web pages.
“In our country, gambling constitutes an economic activity that is initially of an illicit nature, which can only operate exceptionally, through a specific law that authorizes and regulates it in detail, as is the case with Polla Chilena de Beneficencia S.A., Lotería de Concepción S.A., racetracks, and gaming casinos,” stated the SCJ.
See also: The Chilean justice declares illegal the advertisements of betting houses during child protection hours
On the other hand, Carlos Baeza, lawyer for the Online Betting Platforms Group (Betsson, Betano, Coolbet, Latamwin, and Betwarrior), explained to Pulso PM that online betting in Chile is not prohibited and today constitutes an unregulated market.
“Generally, a basic principle of any legal system is that, within the framework of private law, everything that is not expressly prohibited is allowed. On the contrary, in public law, only what is expressly established by law is allowed. There is no constitutional, criminal, or civil provision that prohibits online betting; therefore, the assertion that they are illegal is completely wrong,” declared Baeza.
He added: “This assertion, held by the Superintendency of Casinos de Juego, is just that, an assertion, since this agency has never developed the reasons and normative foundations that support it. They have simply limited themselves to stating that 'all gambling in Chile is prohibited, except when a law expressly authorizes it,' an assertion that is not only wrong but also lacks any normative basis. Furthermore, the Superintendency of Casinos de Juego is an agency whose powers are limited only to gambling that takes place within gaming casinos, nothing more.”
