Delinquency Prevention Bill Amendments Adopted

The amendments to the Delinquency Prevention Bill have been adopted by the French Parliament. This Bill includes measures permitting the administrative authorities to fight illegal betting and gaming activities (particularly internet based) more efficiently including by creating a blocking mechanism requiring banks to stop the flow of funds from individuals or companies which organise betting or gaming activities which are illegal under French law.

The text adopted by the National Assembly includes:

• toughening of the sanctions against operators of “illegal” online gaming sites (from €30,000 fine to €60,000 for sports betting and lotteries operators; from €45,000 and €100,000 fine to €90,000 and €200,000 for horse betting operators );

• toughening of sanctions against “intermediaries” of online gaming sites such as advertisers, media, editors, organizations, persons, associations (from a €4,500 euros fine to €30,000 euros fines + the possibility for the courts to multiply this fine by four times the amount invested in the advertising expenses);

• requirement from ISPs to inform clearly their subscribers of the sites which are considered by the minister of the interior as inappropriate and to advise them of the risk associated with playing on illegal sites: the sanction for failing to comply with this for ISPs is the same as failure to comply with the laws on child pornography sites, being up to a year in prison and a €75,000 fine; and,

• the power for the Finance Ministry and Home Affairs to decide to make the banks stop the flow of funds from individuals or companies which organise betting or gaming activities which are illegal under French law.

Two amendments seeking to reinforce criminal sanctions for offering illegal betting and gaming activities were not passed because the European Court of Justice is presently considering this point.

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