253 research outputs found
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Gambling and social gambling: an exploratory study of young people's perceptions and behavior
Background and aims: Gambling-type games that do not involve the spending of money (e.g., social and (demo) [demonstration] gambling games, gambling-like activities within video games) have been accused in both the legal and psychological literature of increasing minorsâ propensity towards prohibited forms of gambling thus prompting calls for gambling regulation to capture address such games and subject them to age restrictions. However, there is still a shortage of empirical data that considers how young people experience monetary and non-monetary gambling, and whether they are sufficiently aware of the differences. Methods: Data was collected from 23 qualitative focus groups carried out with 200 young people aged between 14 and 19 years old in schools based in London and Kent. As the study was exploratory in nature, thematic analysis was adopted in order to capture how pupils categorise, construct, and react to gambling-like activities in comparison to monetary forms of gambling without the constrains of a predetermined theoretical framework
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Regulation of adolescentsâ gambling â too narrow approach
The vast variety of contrasting regulatory approaches towards gambling across different jurisdictions has one common element â the need to protect minors from gambling related harm. Most jurisdictions, including UK attempt to achieve that by making minorsâ gambling illegal and by imposing criminal sanctions on commercial providers who permit or invite adolescents to play. Despite those legislations, prevalence rates indicate that large number of minors does in fact participate in gambling activities including those that are unlawful for their age.
The paper demonstrates that the relative ineffectiveness of the prohibitions of gambling by minors in England and Wales results from the lack of cohesion within the applicable legal regime. It is notoriously difficult, but not impossible; to change social norms by legal means. This can only be achieved by targeted and coordinated approach toward an identified problem but no such consistent message can be found within UK gambling legislation. The paper challenges the effectiveness of criminal sanctions for regulatory gambling offences due to its inherent nature and the existence of easy to satisfy defences. Secondly, the paper argues that regulating gambling âstricto-sensuâ only while leaving unregulated activities that may constitute entry points towards gambling and otherwise stimulating demand cannot be truly effective in protecting minors from gambling related harms
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Minors and Gambling Regulation
Early initiation of gambling has been argued to be closely correlated with placing players at higher risk of developing problem gambling behaviour in the future. The vast majority of jurisdictions, including Great Britain, attempts to eliminate minorsâ access to gambling by making it illegal and by requiring gambling providers to adopt strict age-verification procedures. Despite those measures minors continue to successfully access gambling. This paper demonstrates that British legal framework suffers from many statutory loopholes. It considers weaknesses in the regulatory offences as well as enforcement deficiencies. It further highlights how the differences between black letter law, political rhetoric and practical application undermine the strength of the prohibition of gambling by minors
The Continuing Evolution of Criminal Constitutional Law in State Courts
Although early state constitutions were important and ambitious documents for their time, the development of state constitutional law stagnated after the drafting and adoption of the federal constitution., As the doctrine of federalism has resurfaced, however, states have begun to turn to their constitutions to grant more protection for their citizens. The states\u27 criminal constitutional laws have changed significantly and continue to evolve today.
In the 1960s, the Warren Court expanded basic protections for criminal defendants by finding that the Fourteenth Amendment incorporates the Fourth, Fifth, and Sixth Amendments. The Court held that the Eighth Amendment prohibits cruel and unusual punishment by the states. The Court extended the Fifth Amendment privilege against self-incrimination to criminal defendants, held that this privilege also requires police to give warnings to suspects prior to custodial interrogations, and applied the double jeopardy clause to states. The Court extended the Sixth Amendment to give criminal defendants further rights: to be represented by an attorney, to be confronted by the witnesses against them,o to have a speedy trial, to have a trial by an impartial jury, and to have a compulsory process for obtaining witnesses in favor of the defense. During this period, states hardly had time to consider what protections their own constitutions might give to criminal defendants because the Supreme Court was expanding the federal rights so rapidly to citizens accused of state-law crimes
The Effectiveness of Self-Regulatory Gambling Advertising Rules on the Protection of Minors and Vulnerable Persons (UK based study)
The liberalisation of the gambling advertising facilitated in the UK by the Gambling Act 2005 led to a natural but phenomenal overall expansion of gambling advertising. While any claims that such gambling marketing may lead to harm continue to be strongly contested, it is at least implicitly accepted that some vulnerable persons, including minors, may require specific protection as mandated by the statutory licensing objective. In the UK this is aimed to be achieved by ensuring that gambling advertisements are âsocially responsibleâ and by the timing/placement restrictions. Compliance is monitored by the ASA that also publishes standards-setting Codes and adjudicates on complaints. There is, however, a paucity of independent research that evaluates whether the practical application of the high-level rules is sufficiently aligned with the third licensing objective. The paper provides a systematic analysis of the ASA adjudications and draws from findings collected from minors during focus groups carried out as part of the authorâs PhD thesis. It argues that while the existing enforcement framework and self-regulatory principles go a long way in restraining the industry from acute exploitation they are not sufficiently definite to eliminate the possibility of emotive appeal, do not encompass all advertising techniques, are too focused on technical approach at the expense of a more in-depth assessment of the potential wider impact of the image portrayed, and still rely on the transmission theory that does not necessarily correspond to how minors construct and react to such advertisements. Presents insight from minorsâ views and suggests practical recommendations
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A sieve that does hold a little water - Gambling Advertising and Protection of the Vulnerable in the UK
This article analyses the law of gambling advertising in Great Britain, highlighting the limits of co-regulation against the third statutory objective[1] considering the empirical research literature on the impact of advertising on problem gambling[2], pointing to gaps in the protection of children and vulnerable persons and making recommendations. Our argument is that the risk assessment should not be made purely from the perspective of the population as a whole but from the viewpoint of those who are negatively affected by gambling. We argue that there is a fundamental conflict between the objective of liberalising gambling advertising and the protection of children and other vulnerable persons and that more should be done to ensure their protection. The Department of Culture, Media and Sport (DCMS) is currently reviewing Social Responsibility Measures, including the impacts of gambling advertising and the protection of children, so we hope this article can make a timely contribution to the debate
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Myths and truth of online gambling
The view that online gambling presents increased risks of gambling addiction and increased minorsâ participation underlies several regulatory approaches and judicial opinions. It has been seen in the justification given by some States for protecting their gambling monopolies or for prohibiting interactive gambling either partially or in entirety and in judicial statements made by the Court of Justice of the EU. The paper challenges the validity of this assumption by analyzing existing literature to evidence the divergence between actual gambling behavior and legislative attitudes. It is undisputed that online gambling presents different issues but the lack of effective dialogue between law and social science knowledge leads to over â reliance by many regulators, to their detriment, on the unverified assumption that online gambling leads to more harm. The analysis of online gambling participation rates, playerâs demographics and social aspects of cyberspace gaming experience shows that many assumptions are not supported by empirical evidence. Furthermore, Internetâs specific capabilities present unique opportunity to minimize gambling related risks more effectively than any mechanisms that can be employed for traditional forms of gambling. An evaluation of under-aged exposure shows that it is the unregulated environment of free gambling that potentially presents particular risks for adolescents
Reverse Engineering of Software for Interoperability and Analysis
The rapid evolution of computer technology raises difficult questions about the scope of protection the law should afford computer programs. Computer programs are uniquely different from traditional literary works protected by the copyright laws, because they have machine-like properties, are primarily functional in nature, and frequently are distributed in a form that humans cannot read. Despite these differences, however, computer programs have received protection under the copyright paradigm along with literary and artistic works. The United States historically has employed a highly protectionist approach to computer programs, as evidenced by early software infringement decisions in which courts slowly expanded protection by prohibiting copying of not only the literal or tangible aspects of computer programs but also the nonliteral elements. Recently, some courts have made an underlying shift in their interpretation of legal doctrine and policy from a broad standard of infringement that favors software copyright owners to a more narrow standard
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Gambling and Social Gambling: An Exploratory study of young people's perceptions and behaviour
Background and aims: Gambling-type games that do not involve the spending of money (e.g., social and âdemoâ [demonstration] gambling games, gambling-like activities within video games) have been accused in both the legal and psychological literature of increasing minorsâ propensity towards prohibited forms of gambling thus prompting calls for gambling regulation to capture address such games and subject them to age restrictions. However, there is still a shortage of empirical data that considers how young people experience monetary and non-monetary gambling, and whether they are sufficiently aware of the differences.
Methods: Data was collected from 23 qualitative focus groups carried out with 200 young people aged between 14 and 19 years old in schools based in London and Kent. As the study was exploratory in nature, thematic analysis was adopted in order to capture how pupils categorise, construct, and react to gambling-like activities in comparison to monetary forms of gambling without the constrains of a predetermined theoretical framework.
Results: Despite many similarities, substantial differences between monetary and non-monetary forms of gambling were revealed in terms of pupilsâ engagement, motivating factors, strengths, intensity, and associated emotions. Pupils made clear differentiation between non-monetary and monetary forms of gambling and no inherent transition of interest from one to the other was observed among participants. Only limited evidence emerged of âdemoâ games being used as a practice ground for future gambling.
Conclusion: For the present sample, non-monetary forms of gambling presented a different proposition to the real-money gambling with no inherent overlap between the two. For some the âsofterâ form minimised the temptation to try other forms of gambling that they were not legally allowed to engage in, but âdemoâ games may attract those who already want to gamble. Policy implications: Regulators must recognise and balance these two conflicting aspects
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