Lynn Ruane (Independent) | Oireachtas source

Amendment No. 31 seeks to insert a reference to personal gaming devices in the list of what constitutes remote means. In the previous section of the debate, we discussed physical spaces, yet when we look at the online space, we are not fully doing what we need to do in that space either. For the purposes of this Bill as drafted, the Bill specifies that gambling by remote means can include using the Internet, a telephone or a television. The amendment seeks to expand on this provision with the explicit inclusion of personal gaming devices. In this amendment, gaming refers to the act of participating in video and computer games on a personal device which, in the majority of instances, is connected to the Internet.

Gaming is an incredibly popular activity, particularly with younger generations, and is at the forefront of contemporary popular culture. According to the IDA, the digital games market is booming, with the earnings of the gaming industry being many multiples of the film and television industry earnings in 2023. The development of online gaming has provided gamers with the opportunity to make in-app and in-game purchases. While, traditionally, an individual would have known precisely what he or she was buying and the value of the purchases within the context of a game, bundles of mystery items available for purchase within games, known as loot boxes, are becoming increasingly popular, especially with younger gamers. It is estimated that approximately half the gambling industry’s significant annual earnings are generated by micro transactions or in-app purchases such as loot boxes. The contents of a loot box are unknown to the user before purchase, which means they might contain something of value within a game or they might not. Whether the loot box is of value, maybe by allowing a gamer to unlock special characters, skins, equipment and so on, within a particular game is entirely down to chance, closely mimicking gambling. Given that a significant share of the gaming community are minors, it seems important that we should try to protect young people from early exposure to gambling behaviour.

A 2018 study by the York St John University established a clear link between loot box spending and the development of problem gambling among older adolescents, the links being of moderate to large magnitude and significantly stronger than the relationships observed in adults in earlier studies. Given the risks posed by these links, it seems pertinent that the legislation which will regulate gambling in Ireland ought to include an explicit reference to this pseudo-gambling activity.