David Stanton (Cork East, Fine Gael) | Oireachtas source

I agree with the Deputy that this is a very complex area, especially with modern technology. We are pleased, however, to support the recent voluntary declaration by the Gaming Regulators European Forum which reflected concern among national authorities that video games should be appropriately licensed if they offer gambling possibilities within such games. While the declaration does not have legal effect, it is intended to have a nudge effect. It clearly signals the regulatory authorities’ concerns and alerts parents as to potential problems, as well as to take responsibility, especially where the player may be under 18 years of age.

To offer gambling products in Ireland - gaming as defined in the 1956 Act is covered by that - a licence is required under the Betting Acts 1931 to 2015 or the Gaming and Lotteries Act 1956. While the Minister for Justice and Equality has certain responsibilities under both Acts, it is the Revenue Commissioners who are the responsible licensing authority.

In the context of video games, if a game sought to offer an activity or items for purchase that would fall within the current Irish legal definition of gambling, then a relevant licence would be required by the manufacturer of the game. To the best of our knowledge, no manufacturer to date has sought such licensing by gambling regulators in Ireland or in other EU member states. If a game offers in-game purchases advertised to increase the chances of success in the game and does not fall within the current Irish legal definition of gambling, such purchases are essentially an e-commerce activity. This would fall within the recourse of normal consumer law where there is dissatisfaction on the part of the consumer with the purchase.

Regardless of one's view on in-game purchases and the marketing thereof, one must be clear that they fall within the legal definition of a gambling activity and thus engage the regulatory attention of my Department or other Departments responsible for such regulation. That is also the position in many other EU member states.

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