Chile: Online gambling bill adds sanctions against illegal operators and those who advertise them

The Economy and Development Committee of the Chilean Chamber of Deputies continued with the discussion of the bill that seeks to regulate the online sector in that country and, in its recent session, approved the sanctioning of online platforms that operate without a license granted by the Superintendence of Gambling Casinos (SCJ). In addition, they decided that those who advertise such operators will be punished.

"Whoever for profit, and without the authorization established in the present law, develops or exploits an online gambling platform that operates or functions in Chile, will be sanctioned with a penalty of ordinary imprisonment in its medium to maximum degree and a fine of 11 to 200 Monthly Tax Units (UTM)", according to article 40 of the bill.

Furthermore, it establishes the same penalty for "whoever obtains the authorization to operate an online gambling platform by means of coercion and/or deception".

It should be noted that, in September 2023, the value of the UTM in Chile is set to be CLP63,452, equivalent to $75. Therefore, the fines foreseen will range from $825 to $15,000.

Meanwhile, the commission presided by Deputy Miguel Mellado approved sanctioning those who "obstruct the supervision of the Superintendence by providing false information". "If the delivery of false information is made to obtain the authorization for an online betting platform, the penalty will be ordinary imprisonment in its medium degree and a fine of 10 to 30 monthly tax units", as stated in article 41.

On the other hand, Article 42 establishes a punishment of ordinary imprisonment in the minimum to medium degree and a fine of 10 to 20 monthly tax units for those who, " with the intention of making a profit, promote or participate in the advertising of an online gambling platform that does not have the authorization to operate in Chile".

Other articles approved

Moreover, the Economy Commission also provided, in its article 38, sanctions for users who create accounts "to develop online bets with false information about their identity or violating the safeguard mechanisms for its verification".

Likewise, the penalty will be a minimum term of imprisonment and a fine of 6 to 20 monthly tax units "for those who use someone else's account and for those who offer their own account to third parties".

Heidi Berner, Chile's Undersecretary of Finance

Additionally, in one of the paragraphs of article 28, it was decided that the Superintendence of Gambling Casinos will not be able to "authorize as a betting object under this norm the lottery draws or numbers, nor the horseracing competitions of thoroughbred horses played in Chile or abroad".

The commission, which has so far welcomed the presence of the Undersecretary of the Ministry of Finance, Heidi Berner, representing the Executive Branch, will continue the debate on this bill on August 29.