In December 2015, the Malta Gaming Authority published its Position Paper on Digital Games of Skill with Prize following a public consultation. The position paper outlined the distinction from a regulatory perspective between games of chance, games of skill and games featuring both chance and skill to varying degrees. Games of chance and games of chance and skill where chance is predominant are regulated and licensable under existing legislation, however the Authority identified two categories of skill games requiring different levels of regulatory intervention.
A new legislative framework covering skill games has been proposed, and the draft version of the law can be accessed here. The proposed law empowers the Authority to licence and regulate skill games operators.
Fantasy sports, a gaming activity which has been receiving increased interest by consumers and the industry alike, is identified as being an activity requiring a significant element of skill and knowledge, and thus, whilst it should be subject to regulation, should be differentiated from games of chance. The Authority shall be focusing on this sector.
In the interim, the Fantasy Sports (Exemption) Regulations (S.L. 438.10) exempt fantasy sports from the requirement of a gambling licence issued in terms of the Lotteries and Other Games Act (Chapter 438 of the Laws of Malta) or the Remote Gaming Regulations (S.L. 438.04). During this temporary period and until the proposed regulatory framework for skill games is put into force, the Authority shall be open to receiving interest via ad hoc notifications, in order to closely monitor these operations and evaluate potential risks to the consumer.
Entities offering fantasy sports may voluntarily notify their operations to the Authority via the form provided, and subject to meeting certain conditions, and abiding by obligations imposed in terms of regulation 4 of S.L. 438.10, the operator may be formally recognised by the Authority.
Interested operators are kindly invited to send any queries to email@example.com so that they can be guided accordingly.