Malaysia prepares a new law against illegal online gambling

Malaysia prepares a new law against illegal online gambling

Malaysia is preparing to take a significant regulatory leap in the fight against illegal online gambling. Datuk Seri Fadillah Yusof, the country’s Deputy Prime Minister, confirmed that the federal government is reviewing new legislation aimed at curbing illegal internet betting and strengthening player protection, with a particular focus on the impact on younger generations.

Read also: Spain tightens gambling regulation with a focus on public health

The announcement was made following a community event in Petra Jaya, Fadillah’s own constituency, and was reported by the Borneo Post. The Deputy Prime Minister indicated that the bill could be presented in the next parliamentary session, although he did not specify an exact date.

What the current legislation says and why it is no longer enough

The current legal framework in Malaysia regarding gambling is primarily based on the Common Gaming Houses Act of 1953, a law that defines gambling as the practice of any game of chance, or a combination of chance and skill, for money or monetary value. Although the law was intended for physical establishments, its provisions have been partially applied to the digital environment.

The penalties provided for in the regulations, which since 2020 include fines of between 5,000 and 100,000 Malaysian ringgits (equivalent to approximately $1,300 and $25,600 USD respectively) and minimum prison sentences of six months, remain the tools available to oversight bodies. However, authorities acknowledge that this legal architecture was not designed to meet the challenges of today’s digital ecosystem.

The legal loopholes exploited by illegal online gambling

The Royal Malaysia Police identified three areas where current legislation presents clear limitations against illegal online gambling: marketing through social media, the use of e-wallets that allow for instant and anonymous deposits, and the cross-border nature of many illegal platforms. None of these mechanisms were contemplated in the 1953 law, leaving oversight bodies with insufficient tools to act effectively.

The new law: two possible paths and a clear objective

The government has two options on the table to channel the new regulation: passing it as a special and independent law, or incorporating its provisions into existing cybercrime legislation. The choice of legislative mechanism will have practical implications for the scope of the law and the agencies responsible for its enforcement.

Regardless of the format chosen, the stated objective is to expand the powers of the police and government agencies to act against illegal operators. This predictably includes the ability to block platforms, track digital financial flows, and intervene in the online marketing of unauthorized betting services.

Meta and 93% of illegal advertising: the case that accelerated the debate

A figure that accurately illustrates the magnitude of the problem is that reported by the Malaysian Ministry of Communications: 93% of illegal gambling promotions in the country come from Facebook. This figure, which became known last year, triggered direct criticism from Malaysian ministers toward Meta for failing to implement effective measures to filter such content on its platform.

Read also: Buenos Aires promotes a week dedicated to prevention and responsible gambling

The episode highlighted the illegal gambling ecosystem’s dependence on major digital platforms and reinforced the argument of those who maintain that sector regulation cannot be limited to operators but must extend to the distribution and advertising channels that make them visible.

The social risk driving legislative urgency

The Deputy Prime Minister was clear regarding the reasons justifying state intervention. Uncontrolled illegal gambling can affect social well-being, especially among young people, Fadillah warned, emphasizing that the government is taking the matter seriously regardless of the statistical scale of the problem.

This stance is relevant because the official himself admitted to not having precise statistics on the prevalence of illegal gambling in Malaysia. However, far from interpreting this lack of data as an argument for inaction, he used it to justify exactly the opposite: the need to act preventively and to provide authorities with better instruments before the problem scales uncontrollably.

The regional context: Malaysia is not alone in this debate

The Malaysian initiative is part of a broader trend in Southeast Asia, where several governments are reviewing their regulatory frameworks for illegal online gambling. The proliferation of unlicensed platforms, the ease of digital payments, and the penetration of social media have made this challenge a priority for regulators across the region.

For Malaysia, where gambling is widely restricted for religious and cultural reasons and only one company is legally licensed to operate in the country, the control of illegal gambling has an additional dimension: it is not just about regulating a market, but about enforcing a prohibition that the state considers part of its social and moral policy.

What illegal operators can expect if the law is passed

If the legislation moves forward in Parliament with the scope described by the Deputy Prime Minister, illegal operators currently running online gambling platforms targeting Malaysian users would face a significantly riskier scenario. The expansion of police powers could include greater capacity to identify and prosecute site administrators, block access from Malaysia, intervene in accounts and digital wallets associated with illegal operations, and coordinate actions with social media platforms to remove unauthorized advertising.

Existing fines of up to $25,600 USD could be maintained or increased depending on the final text of the law, which is still in the legislative review stage.

Read also: Brazil defines its Regulatory Agenda for the betting sector

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