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France Considers Anti Online Poker & Gambling Legislation

by PokerPages.com
Wed, Nov 29th, 2006 @ 12:00am

France is considering adoption of 2 amendments containing anti-gambling legislation to France's "delinquency prevention" measures, which were originally introduced by the Minister of the Interior, Nicholas Sarkozy, following France's 2005 riots.

Supporters claim the legislation will decrease delinquency among minors of an increasingly young age.

According to the L'Express publication, nearly 600 poker players have already signed a petition against the amendments and against being labelled as 'delinquents'.

The purpose of the first amendment, Amendment 254, is to prevent assets from funding organizations involved in gambling, betting or lotteries that are prohibited by French law. The French government owns gambling and lottery monopolies which ARE legal under French law, so the distinction needs to be made.

This runs in direct opposition to the judgment from the European court of justice three years ago, known as the Gambelli ruling. The ruling took steps to limit the ability of EU member states to inhibit online firms from competing with their domestic operators. A further ECJ judgment has yet to strengthen this ruling, to make a more even playing field across the EU for online operators.

Amendment 254 is similar to the Unlawful Internet Gambling Enforcement Act (UIGEA) that the United States signed into law October 13, 2006, because it targets banks and financial institutions and aims to prevent them from funding gambling sites, while protecting state-run gambling, betting and lotteries.

Another part of Amendment 254 goes much farther by aiming to prevent banks from transfering funds to and from known gambling individuals.

The purpose of the second amendment, Amendment 255, is to cut down the effectiveness of promoting gambling sites on the Internet.

If the amendment is passed, any information providers such as AOL or Club Internet, or any portal or website with a French presence will be required to alert surfers that the click-through link will go to a site that the French government doesn't approve. They would also need to alert surfers of the risk in participating in 'games operating unlawfully.'

Non-complying information providers and websites could face costly fines, up to 75,000 euros and possible imprisonment.

French legislators will next have a chance to vote on the amendments on December 5.

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