The Right to Gambling and Online Paid Skilled Gaming

Source; profootballspot.com

Source; profootballspot.com

It is always a bad idea to invite the government into the areas of the internet where it is absent to prevent the abuse of regulation. However, avenues that are already eliminated by the government with decades-old theocratic legislation require a corrective intervention. Online gambling and skilled gaming are one such area.

If you are a fan of fantasy sports or are even fond of gambling your hard earned income every now and then, you would have a hard time pursuing such recreational activities in Pakistan. At least at a legal concern or on the internet, unless it happens to be a government sanctioned prize bond scheme or a race course.

Currently, The Prevention of Gambling Act 1977 governs and prohibits such activities in Pakistan with various penalties. The provincial versions of the law were enacted in 1978, while The Public Gambling Act of 1867 under the British law, which it was largely based on, was repealed in Islamabad and Punjab later.

Now there is a good reason why online gambling is banned in many countries. Gambling can be highly addictive and could expose citizens’ capital to great risk of loss.

Nevertheless, despite the risks and dangers involved, it is better to leave it to the citizens to decide about their morals and the disposal of their savings. The best trade-off between freedom and order remains in softening of the Gambling Act to decriminalize and legalize such activity.

There is no doubt that the government should protect citizens from fraudulent practices, eliminate money laundering and prevent organized crime to dominate such activities. This is why legalization of such activities not only offers safe and legal channels for citizens for such recreation due to regulation, but could also help generate considerable public revenue.

Just like every other “moral” issue in Pakistan, you cannot help but notice that the ban on gambling is not without its due share of contradictions, or even hypocrisy. Without going into the embarrassing reasons why, most of us are aware that horse racing is legally protected in Pakistan. Let’s just say that our bureaucracy and feudal class would always make an exception for their lifestyles.

However, thanks to the outdated laws governing anything remotely close to gambling within the boundaries of Pakistan, citizens indulging in the vice are not safe from harassment from the state. This also impacts the online space as betting websites would not open their operations to Pakistan, or even if they do, making transparent financial transactions to such entities would only land you in legal trouble.

Normally, I would hardly advocate the action of legislators as a much needed solution, but repealing is as much their job as enacting new laws. Especially in this case, when the laws in place are such terrible sweeping bans that take away the breathing space from the citizens. If law enforcement authorities were to target civilians, they would even charge citizens under the suspicion of gambling on the possession of dice and cards under the current draconian laws. Countries such as the United Kingdom have modernized their local gambling laws to provide for online gambling. It is about time the rest of the world followed suit.

Prohibiting gambling is one thing, since it is so evil. The taboo against it even sweeps skilled gaming involving financial transactions under the label. Even state attorneys in the United States are insisting on it in the wake of the latest controversies pertaining to insider trading among leading fantasy sports companies. However, bans in states such as New York sound more like prohibiting trading of a commodity due to an instance of financial fraud.

Any sports fan remotely familiar with the activity would know that fantasy sports, while dependent on actual results, rewards calculated risks and the knowledge of the sport. Fans not being able to participate in such paid skilled gaming due to local gambling bans is simply unfortunate.

Pakistani fans, like those in the rest of the civilized world, should be no exceptions when it comes to online skilled gaming. While local fans may not be enthusiastic about NFL or MBL odds, they sure take a keen interest in EPL and cricket related leagues. With the advent of Pakistan Super League, Pakistani cricket fans would be missing a legal means to put their money on their favorite franchises.

The bottom line is that there is no reason why an adult Pakistani should not have access to gambling and skilled gaming, online or offline, whenever they want to entertain themselves. The access to gambling and paid skilled gaming could possibly be considered as a right to the citizens, and when done responsibly can really prove to be a joyful activity.

We have a choice of being blindly morally uptight as usual, or actually make it safer and legal for the citizens to enjoy paid skilled gaming, if not gambling.

A version of the post was published in The Nation blogs.

Making Bad Laws Worse

Source: salon.com

Source: salon.com

I have often observed what a terrible idea making laws for a living is.

However, that is apparently what makes the world go round. But often in their bid to play their much needed part in changing the society for the better, lawmakers often tend to worsen the already terrible laws that are in force.

One of the recent examples of this has been the proposed amendments to the Pakistan Protection Ordinance 2013 by the current Federal Government.

Arguably a bad law, perhaps the PPO 2013 was not so terrible (probably because I always thought the likes of Taliban should be treated as POWs), though it is just about Pakistan’s version of the NDAA 2012. But the PPO 2014 certainly goes a step ahead in ensuring violations of personal liberty.

We are already familiar with the terrible dictatorial orders that our former Prime Ministers have issued in the not so distant past to ban YouTube. But the Federal Government is now considering a Power Conversation Bill that could ban the import of electronic appliances that consume more than a certain limit of power.

There is really no need to elaborate on the terrible lifestyle laws in Punjab imposed by CM Shehbaz Sharif, which include prohibiting flying kites and serving more than one dish in weddings. Not to mention arresting caterers for not observing wedding ceremony timings. But then again, we are entering the realm of elected dictators now.

As far as the PPO is concerned, for a change if only out of political animosity, the parties on the opposition benches put aside all their differences and opposed it with a united voice.

It is hard to disagree with them. As a matter of fact, at this point in time, I have to say that I am proud of the opposition parties. The new ordinance not only overrides many existing legal and constitutional conditions and encourages detention on government orders, but even introduces the term “internment camps”.

I am not sure if the internment camp reference was ever introduced before in the Pakistani law or no. However, this ordinance certainly is a step forward to legalize otherwise illegal detentions and even internment of certain citizens. It only sounds like a new low for the liberty of Pakistani citizens, despite the security situation.

Despite fierce resistance, the treasury benches passed the ordinance on a party line vote in the House, not that the individual members have much of a choice. But since PPP controls the Senate, it could possibly defeat the bill there, since the party so passionately opposes it.

But the citizens of Pakistan are not always so lucky. For the sake of convenience, let us not discuss the multitude of discriminatory laws passed by the parliament anyway.

It is not just about Pakistan actually. Legislators obsessed with constantly changing the society for the better anywhere are arguably a continuous threat to individual liberty of the citizens. And we see this idea in action everyday.

Making bad laws worse.

Let’s conclude this post with an age old liberty cliché that is as true now as it was in the eighteenth century and the eons before. It was encouraging to see a few liberals endorsing the same quote in Pakistan recently.

Those who give up their liberty for more security neither deserve liberty nor security.

                                                                                                                                         – Benjamin Franklin