Online Gambling

Internet Casinos Inc. (ICI), the world’s first online casino, started operating from August 18, 1995, with 18 different games. Since then more than 1,400 websites, mostly domiciled in small Caribbean islands, have given rise to an industry that grosses over $3 billion a year. In fact no business on the Internet earns more revenue than online gambling. Out of the estimated 14.5 million online gamblers, almost 30 per cent are from Asia.

A bet can be placed in minutes. Anyone with a credit card can set up an offshore currency account with a gambling site, leaving them free to place bets on sporting events like Wimbledon, cricket, horse racing and Formula One, or join a virtual casino to play slot machines, roulette, blackjack, poker etc. Companies like Flutter and Betmart accept bets on anything from who is going to win the Nobel Prize to whether Madonna is getting a divorce or not. Bets can range from a nickel to thousands of dollars and according to whether you win or lose the amount is automatically adjusted to your account. The final balance can then either be mailed to you or left for future bets.

The law relating to online gambling in India needs to be understood within the country’s socio-cultural context. At the outset, gambling, although not absolutely prohibited in India, does not receive express encouragement by policy makers. The Indian organized gambling industry is estimated to be worth around US$8 billion. While stringent laws have checked the proliferation of casinos and high street gaming centres as in many other countries, barring the state of Goa, the lottery business remains the most post popular form of gambling.

Though gambling is not illegal, it is a highly controlled and regulated activity. Modern India is a quasi-federal Constitutional democracy and the powers to legislate are distributed at the federal as well as the state levels. Gambling features in List II of the Constitution of India, this implies that the state governments have the authority to enact laws in order to regulate gambling in the respective states. Thus, there is no single law governing gambling in the entire country. Different states have different laws governing gambling in addition to the laws that have an application across the country. While some states have banned lotteries, other states allow state government lotteries marketed and distributed in other lottery playing and promoting states through private entities.

Regulation of gambling

The courts have defined gambling as ‘the payment of a price for a chance to win a prize’. The dominant element of skill or chance shall determine the nature of the game. A game may be deemed to be gambling if the element of chance or luck predominates in deciding its outcome. As a result, Indian courts have held that betting on horse racing and a few card games are not gambling. The right to undertake the business of gambling and lotteries is not considered as a fundamental right protected by the Constitution of India. It may however be pointed out that the state government run lotteries make significant contributions to the state exchequer of several state governments and the Union government, and hence there is a resistance to complete prohibition.

The following legislation is pertinent to gambling:

The Public Gaming Act, 1867

This Act provides punishment for public gambling and for keeping of a ‘common gaming house’. This Act also authorises the state governments to enact laws to regulate public gambling in their respective jurisdictions. The penal legislations in respective states have been amended in accordance with their policy on gambling. However, this legislation does not have any direct impact on online gambling unless a wide interpretation is given to the definition of common gaming house so as to include virtual forums as well.

The Indian Contract Act, 1872 (ICA)

The ICA is a codified umbrella legislation that governs all commercial contracts in India. Under the ICA, a wagering contract is the one which cannot be enforced. The Act lays down; ‘Agreements by way of wager are void, and no suit shall be brought for recovering anything alleged to be won on any wager or entrusted to any person to abide by the result of any game or other uncertain event on which any wager is made’. Gambling, lottery and prize games have held to be wagering contracts and thus void and unenforceable. While a wagering contract is not illegal, it cannot be enforced in a court of law. Thus, the courts will not entertain any cause of action that arises out of a wagering contract.

Lotteries (Regulation) Act, 1998

This Act provides a framework for organizing lotteries in the country. Under this Act, the state governments have been authorized to promote as well as prohibit lotteries within their territorial jurisdiction. This Act also provides for the manner in which the lotteries are to be conducted and prescribes punishment in case of breach of its provision. Lotteries not authorized by the state have been made an offence under the Indian Penal Code. Several non-lottery playing states, like Gujarat and Uttar Pradesh, have prohibited the sale of other state-government lotteries under this Act.

Indian Penal Code, 1860

Section 294A deals with keeping lottery office. It says that whoever keeps any office or place for the purpose of drawing any lottery not being a State lottery or a lottery authorised by the State Government, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

And whoever publishes any proposal to pay any sum, or to deliver any goods, or to do or forbear doing anything for the benefit of any person, on any event or contingency relative or applicable to the drawing of any ticket, lot, number or figure in any such lottery, shall be punished with fine which may extend to one thousand rupees.

Internet gambling

The law related to gambling is also applicable to online gambling. All gambling contracts are considered to be wagering contracts and it is not possible to enforce such contracts under the ICA, detailed above.

As pointed out earlier, the online lottery is the most popular form of internet gambling in India. Most companies marketing and distributing or conducting state government-sponsored lotteries through the internet are not allowed to sell their services in the states that banned lotteries. In most cases, these marketers and distributors limit their online services to consumers who are residents of the states where a lottery is permissible. Notwithstanding the fact there has been no reported case of breach by any company promoting online lotteries, most of these companies (as a safeguard) seek an undertaking from their consumers relating to their residence.

There have been instances where one state has banned the lottery of other states, including online lotteries. In a recent case, the Karnatka High Court upheld the decision of the Karnataka government to make itself a ‘lottery free zone’ by imposing a ban on lotteries of all other states, including online lotteries under the Lotteries (Regulation) Act 1998. The state government, in this case, directed the closure of the terminals and kiosks selling the online lotteries.

Enforcement over foreign jurisdictions

If the websites are hosted and operated from outside India, it may be difficult for the Indian authorities to issue any directive to close them down or prohibit their access without using its blocking powers under the ITA. The authorities have little to worry about, as Indian foreign exchange laws do not permit remittances outside India for gambling related activity, such as the purchase of lottery tickets, football pools and sweepstakes. As a result, a gambling website hosted outside India aiming at receiving money from within India cannot do so through legal channels.

Some Answers to Your Questions About Gambling Addiction

How Do I Know If I Have A Gambling Addiction?
You will know if you have a gambling addiction if gambling has affected your life negatively socially, emotionally, financially and spiritually. If you have gambled alone, and have missed work, lost more than you could afford, or lied about gambling, you more than likely have a gambling addiction. “Compulsive Gambling” is considered an impulse control disorder and is characterized by unstoppable thoughts and uncontrollable impulses to gamble. “Problem Gambling” is considered less severe than compulsive gambling, but it is still a very serious problem.

Someone in my family is addicted to gambling. What should I do?
There are many paths you could take when a family member is addicted to gambling. You can go to a gamanon meeting yourself to get 12 -Step support from other family members of gamblers.(Check links and resources). This might be a good first step in finding out how to approach your family member, since every situation is different. Please check resources page for more information on this topic.

I have a gambling addiction and I have lost a lot of money. I am in debt, and I do not know what to do. Can you help?
Going into debt is one of the biggest after-effects of a gambling addiction. It can effect the gambler long after he or she stops gambling and is one of the long-term consequences of gambling addiction. When you attend a Gamblers Anonymous 12-Step Group you can find support from trusted members on how to deal with your debt problems. Please also visit the links and resources page to find out more about debt and credit solutions as a result of your gambling addiction. Remember, gambling addiction is not a money problem.. it is an emotional and spiritual problem with financial consequences.

Can I have a gambling addiction if I go to the casino.. but mostly win?
Yes. There are 4 phases of a gambling addiction. 1. Winning Phase: Usually starts with a big win and a belief that good luck will continue indefinitely. 2. Losing Phase: More pre-occupied with gambling. You are gambling alone, missing work, lying about your whereabouts, and beginning to chase your losses. 3. Desperation Phase: This is truly characterized by a loss of control, preoccupation with gambling, defaulting on most debt, cheating or stealing,loss of job or primary relationship. 4. Hopeless Phase: You hit rock bottom. You may also start abusing drugs or alcohol. Suicide thoughts and attempts are common in this phase.

I gamble when I am lonely and depressed. How come?
You are most likely known as an “escape gambler” You gamble to escape emotional pain. Most “escape gamblers” can become addicted to slot machines, online gambling, and bingo. An “action gambler” is someone who enjoys risk taking and gambles on games of skill such as sports betting, the stock market, and cards. “Action-gamblers” have been traditionally male, however, the genders are becoming well represented in each group.

The Importance of Using Visual Concepts in The Production of Video Games

Responsibilities of an artwork studio and its impact on the production of a game.

Within the whole structure of a game development studio, building a good team and effective planning is critical to any project.

Pre-production is a crucial time when game design decisions will reflect the bottom line.

A fundamental part of this planning is the choice of the graphic characteristics of the project, where the function of a video game studio goes beyond the design of efficient mechanics and opens space for the creation of a visual identity that should reflect the objectives of the project at first sight.

Regardless of the platform where the project will be launched, the visual identity represents the player’s entrance to the world that is presented to him, it is by this element that the player identifies with the atmosphere, becomes familiar with the setting and the plot and is The main immersion tool the game can offer.

All this process of visual creation is in the hands of artwork studio and its professionals dedicated to artistic visual creation, responsible for video game art. The main function of the designer is the creation of interface mediated communication within the game, as in any work that uses design concepts, the function of artwork studio is to transmit information visually and interactively to the player.

Development of New Rendering Technologies

Over the years, the technology surrounding the gaming world has been growing ever faster, with new possibilities for more convincing and interactive visual simulation. The development of new engines, new production tools and the application of art concepts in productions, brings the gaming industry closer and closer to giants such as the film industry for example, in terms of investments, profits and media notoriety.

The responsibility of an artwork studio in defining the visual identity of the project is immense, defining color palettes, styles and compositions within design concepts directly influence the player’s experience.

It is the visual communication that tells the player whether an element of the scenario can be explosive, or whether a character is ally, neutral or villain, plus many self-explanatory information that saves time leaves the experience more fluid.

Independent Video Game Studio

Acting against the way of the big producers, the small independent game development studios, take the visual appeal in the background and focus on the gameplay and the constant experience of satisfaction to the player.

Using retro styles, taking advantage of already established mechanics, games of categories like 2d beat ups and side scrolling games are increasingly common, especially on the mobile platforms, Android itself has become the main way to produce and publish games independently.

In the early days of the gaming industry, games were made exclusively by programmers who understood absolutely nothing of design or visual arts, which left these games with a raw look and with little, if any, environmental interaction with the player.