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

I thank Senator Buttimer for raising this issue and for his continued interest in this whole area. The issue of loot boxes and online video games has received significant media attention in recent days. There are three elements to this matter which I wish to highlight. First, Ireland was happy to join in the declaration from the Gaming Regulators European Forum, GREF, on the undesirability of games, particularly those with huge popularity, crossing the line into offering services that might normally be described as gambling. GREF is a voluntary association of European gambling regulatory authorities in which Ireland participates. Second, while the declaration does not have legal effect, it reflects concern among national authorities that online gaming products should be appropriately licensed if they offer gambling possibilities. A key purpose of the declaration is to alert parents to potential issues arising from in-game purchases. Parents have primary responsibility to protect their children in this regard. Third, where a game offers the possibility of placing a bet or taking risk for financial reward within the game, it must, in my view, be licensed as a gambling product. To offer gambling products in Ireland, a licence is required under the Betting Acts 1931 to 2015 or the Gaming and Lotteries Act 1956.

The Revenue Commissioners are the primary responsible licensing authority under both Acts, with some involvement of the Minister for Justice and Equality. However, it should be understood that if a game offers in-game purchases - be they loot boxes, skins, etc. - which are promoted to gamers as increasing their chances of success, such purchases are essentially a commercial or e-commerce activity. This activity would fall within normal consumer law. If there is dissatisfaction with the purchase or how it is promoted, objections should be directed to the appropriate authority. My Department has no role either in the regulation of game developers as to how their games work or in the offering of in-game purchases.

Work is ongoing on modernising aspects of gambling law. The Government has approved a number of my proposals to update and modernise the 2013 general scheme of a gambling control Bill. These included the establishment of an independent regulatory authority for the gambling industry to conduct the complex range of licensing, regulating, monitoring, inspecting and enforcement tasks required for the industry. An interdepartmental working group on gambling has completed its review of the 2013 general scheme of a gambling control Bill and is preparing its report for submission to Government very shortly, in autumn 2018.

What the Senator has highlighted is the complexity of this area and how quickly it is developing and changing. I reiterate to parents my call for them to become more aware of what is going on with these loot boxes and online video games. The issue of addiction is a matter for the Minister for Health, as are all other addictions.