Parliament has approved amendments to the Gaming Act through Bill 55, enshrining into law the country’s existing public policy that protects the status of the Maltese gaming licence from unfounded challenges.
Ever since the establishment of the industry, the Maltese licence was devised as a point of supply licence. This enables licensees to operate cross-border from Malta, provided that a justifiable legal reason to provide their services to customers in such a jurisdiction exists, and always in compliance with the robust legal framework that is established under Maltese law and their licence conditions.
This ensures that consumers choose to engage and play within a regulated market, which is subject to strict legal obligations aimed at protecting players and which is overseen by a competent regulator that is empowered to take swift enforcement action in cases of non-compliance on the part of the licensee.
The scope of the amendments enacted into law is restricted, and the law does not preclude any action whatsoever from being taken against a licensee. The provisions shall only be applicable when the action – taken by an operator against a player, or a player against an operator – conflicts with or undermines the legality of the Maltese framework, and is related to activity which is lawful in terms of the Gaming Act and the other regulatory instruments applicable to the Malta Gaming Authority’s licensees.
Similarly, foreign judgments that fulfil the aforementioned criteria shall not be recognised and enforced in Malta, since the amendments are intended to clarify that such judgments are manifestly against the public policy (ordre public) of Malta.