Do Virtual or Online Games Constitute Gambling? - The Australian Position

Introduction

The Australian Communications & Media Authority (the ACMA) has published a letter expressing its view that a "free" online game available on Facebook which offers games such as blackjack and roulette is not in breach of the Interactive Gambling Act 2001 (Cth) (the Act).³ The ACMA is the Federal agency responsible for the initial investigation of complaints relating to possible contraventions of the Act.

This is the first time that there has been any official guidance given in Australia on the legality of virtual games. The ACMA's letter provides guidance to the suppliers of similar games, as well as the platforms (such as Facebook) used to distribute these games, that the supply of such games to Australian residents is not prohibited by the Act.