A Gambling Lawyers’ Perspective on Responsible Gambling

Abstract

From the backgrounds of an external counsel and an in-house lawyer, this chapter offers a legal perspective on responsible gambling (RG). The primary tool of lawyers is law and not empirical sciences. Accordingly, these legal scholars explain how their normative perspective differs from other scholarly perspectives and how it affects the concept, theory, and objectives of RG. These stakeholders describe aspects that hamper the effectiveness of RG policies, such as hidden agendas and RG rules that are not empirically based. They then revisit the Reno Model, comparing its strengths and weaknesses; they observe alternative models of regulatory practice. The analytical exercise feeds into discussions of the legal and practical implications of the RG rules, in particular as regards the scope of duty of care and the compliance burden of regulated gambling operators. The authors make suggestions on how to improve RG programs and the Reno Model itself, using insights from behavioral studies and promoting bottom up-initiatives.