Fantasy Sports Exemption from Gaming Legislation
Contrary to the current status in the USA, pursuant to Legal Notice 271 of 2016 ‘Fantasy Sports (Exemption) Regulations, 2016′, it has been legislated in Malta that fantasy sports do not require licensing with the Malta Lotteries and Gaming Authority (LGA).
This provides comfort and clear guidance to operators in Malta of fantasy sports games and companies.
The legislation defines “Fantasy Sports” and, or “Fantasy Sports Game” as ‘a contest played for money or money’s worth whereby the winning outcome is determined predominantly through the skill or knowledge of the player, and where the results are determined by the accumulation of statistical results of the performance of a number of individuals in sporting events, but shall not include the forecast of the score, point spread or any other future occurrence of one or multiple events, and for the avoidance of doubt, the definition of a “bet”.
In the USA, fantasy sports have sat on a precipice and dividing line as to whether they are in effect gaming and although legal, are strictly defined and regulated by the Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA), which specifically exempts fantasy sports games as considers them skill games.
The passing of the Maltese legislation is excellent news for operators of fantasy games and the Maltese non-gaming industry.