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ARTICLE · 20 JUNE 2017

Global Gaming Law Guide 2017

What is "gaming" or "gambling" defined as? What elements of a game constitute gambling?

MaltaMedia, Telecoms, IT, Entertainment

1. What is "gaming" or "gambling" defined as? What elements of a game constitute gambling?

The relevant Maltese legislation, namely the Lotteries and Other Games Act (Chapter 438 of the Laws of Malta) (the "Act"), does not contain a definition of the term "gambling". The Act, however, does refer to a "game" and defines it as covering both a "game of chance" and a "game of chance and skill". These are subsequently defined as follows:

(i)"Game of Chance" means a game for money and, or prizes with a monetary value, the results of which are totally accidental; and
(ii)"Game of Chance and Skill" means a game for money and, or prizes with a monetary value, the results of which are not totally accidental but depend, to a certain extent, on the skill of the participant.

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