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Gambling and Online Gaming Law in Argentina: the Chamber of Deputies gave half approval to the project with strong restrictions on advertising.

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The standard was generally approved after more than five hours of debate and moves to the Senate.

Argentina.- In a special session, requested by the Civic Coalition and other blocks, the Chamber of Deputies approved and sent to the Senate a bill for the prevention of gambling addiction and the regulation of online gambling and betting.

The standard, which presents strong restrictions in advertising matters, was approved yesterday, Wednesday, November 27, by 139 affirmative votes. On the other hand, there were 36 negative votes and 59 abstentions from the blocks of the UCR, PRO, and MID, which consider that the text incurs an "excess of regulation".

In a day that began at noon, two reports were debated: a majority report -supported by the blocks of Union for the Homeland, Federal Encounter, the Civic Coalition, and the FIT- and a minority report -accompanied by the PRO block, LLA, and the UCR-.

Regarding the majority report, deputy Mónica Frade (CC) pointed out that, although gambling is a provincial competence, it seeks "to give it a national framework so that the provinces can adhere to this standard". "We come to give you a tool for a legal vacuum that you have today," she argued.

Deputy Frade explained that "advertising is one of the nodal issues of the project", and referred to Article 8 of the project that "prohibits the promotion and sponsorship of gambling, sports betting forecasts, and online betting; as well as welcome bonuses and the participation of influencers". "This is a national, federal, and mental health issue," added Frade.

In this case, the reported project establishes the modification of Law 26.934, on the prevention and comprehensive and interdisciplinary approach to the addiction of virtual gambling games in children and adolescents; a comprehensive plan for addressing problematic consumption; the prohibition of online gambling advertising; and the limitation of advertising in the transmission of professional football.

Furthermore, the standard prohibits access for girls, boys, and adolescents under 18 years of age to gambling and betting sites and platforms, sports betting forecasts, and online betting.

Representing the minority report, deputy Silvana Giudici (PRO), explained that "it is important to work on all the channels where kids end up co-opted by this problem".

"We propose to control advertising and regulate it. There are 14.6 million users of platforms in Argentina: 78 percent do so on illegal platforms. We must focus there, on access by biometrics so that young people cannot access and on parental control," added Giudici. "The majority report must respect local autonomies, the Gaming Institute, and have the greatness to listen," she differentiated.

Meanwhile, deputy Rogelio Iparraguirre (UxP) considered that "this vote is a first step" and added: "It has to be the opportunity to discuss issues that we have postponed such as the context in which new technologies emerged and how they have impacted our lives".

For her part, Nadia Márquez (LLA), pointed out: "We agree on the prohibition of these gambling games for minors, but we will not accompany the majority report because it does not solve all the problems raised". In this sense, Márquez proposed using the definition of gambling from SEDRONAR, simplifying the definition of gambling sites, and reducing the "excessive regulations" of the majority report.

Hernán Lombardi (PRO) defended the abstention stance taken by the block: "Combating cyber gambling addiction in young people and children is one of the issues that most moves me, I agree to be totally restrictive. But from that initial objective, something led to the law not saying that. We are going to abstain. We do not want to vote for something that does not convince us by being politically correct," he stated in his speech and reaffirmed that they will not legislate "against the freedom of adults" to bet responsibly.

In a letter dated November 14, addressed to the heads of majority blocks of the Chamber of Deputies, from the Association of State Lotteries of Argentina (ALEA) explained that the project is "manifestly unconstitutional to the extent that it promotes an undue encroachment of the Honorable Congress of the Nation over competencies that from the very dawn of the republic have been considered as not delegated to the provinces of the Nation", indicates the letter.

For the authorities of ALEA, the evidence in different countries has shown that prohibiting advertising does not decrease illegal gambling. "On the contrary, this restriction can lead to an increase in access to unauthorized platforms, as reducing the visibility of legal and regulated operators, users can access sites that operate outside the legal framework. This not only affects the safety of players but also hampers the efforts of regulatory bodies to control the activity", they explained from the association.

Furthermore, they indicated that "the prohibition of advertising limits the possibility of informing about responsible gaming tools, such as self-exclusion programs and help channels".

On the other hand, they added that along with the prohibition of sponsorships to sports entities, it will cause a "lethal combination". "Not only will the public be deprived of information about the existence of responsible gaming tools and assistance channels, but it will also defund entities that in their genesis seek social development", they wrote in the letter.

Also, they explained: "A detailed reading of the content of the project denotes that the information and evidence presented in a timely manner by ALEA have been disregarded. This generates a very deep concern within ALEA by noting that the project implies an encroachment on the competencies of ALEA members, while, if approved, it will aggravate the situation it intends to contain".

Furthermore, the authorities made themselves available to work together with the commissions on the text of a project that respects the National Constitution and is effective in limiting the access of minors to harmful products.

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