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Gambling: Forum Owners Beware

An Irish civil action for libel that has been running since 2004 is still some way from conclusion, but its central issue will be of interest to all owners of Internet message boards, and reinforces the need for discipline to avoid some posters going too far, and for the timeous removal of defamatory third party material.
The reports that the case was heard in the Irish High Court last month after two Irish bookies, Seamus Mulvaney and Ellen Martin, launched libel proceedings against The Sporting Exchange Ltd, parent group of Betfair. The duo claimed that members on Betfair's forum published defamatory comments about them.
Betfair argued that the 2003 Irish regulations implementing the 2001 European E-Commerce Directive, a law designed primarily to shield Internet Service Providers from liability arising from 3rd party content, protected it from the consequences of its forum users posting defamatory comments on its forums.
The High Court supported Betfair's defence - and this is important - despite a clause in the directive that excluded gambling activities from protection. In noting that the message board was not part of the cpompanys core betting activities, the judge in the case, Mr Justice Frank Clarke said: "It follows that the gambling exclusion does not prevent Betfair from placing reliance on the E-Commerce Directive as a defence in these proceedings."
The judge also found that a chat room was an ‘‘information society service’’ for the purpose of the regulations, so Betfair qualified as a ‘‘relevant service provider’’. Betfair was therefore entitled to the protection of the regulations, provided it could establish that it was unaware of the alleged defamation and took prompt action once the matter was brought to its attention.
Feidhlimidh Wrafter, one of Betfair's legal team, said after the decision was handed down: “That’s really what the judgment’s saying, that gambling companies that operate a chatroom are now considered to be protected by the EU directive. It’s on appeal but it’s certainly a judgment that we’re very pleased with and we think it’s the right one.”
The High Court judge hearing the case found that Betfair was an intermediary service provider and therefore had limited liability because its chatroom was not core to the company’s main betting business. Betfair stored third party information on its servers and could therefore be defined as acting as a host in terms of the E-Commerce Directive, Mr Justice Frank Clarke ruled.
The plaintiffs are taking the case on appeal, and the ruling must therefore be regarded as a preliminary measure that simply confirms that the E-Commerce directive is an acceptable defence. Betfair will still have to show that it was unaware of the chatroom comments, and that it acted with reasonable alacrity in removing the defamatory material as soon as it became aware of its existence.
The case is likely to run on for over a year, given the full rolls in the Supreme Court where the appeal has been lodged

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Gambling News :

William Hill Chairman Not Stepping Down - There are no plans for Gareth to step down. He is leading the CEO search process, which is well advanced, and is working with Philip Bowcock to deliver the key priorities for the business.

Canadian Lottery Looking at Online Gambling - The reaction of other provinces is not known, but the Newfoundland and Labrador government was apparently less than enthusiastic about the prospect, which it did not regard as a priority.

Red Riding Hood Online Slot Launched - The game, which has already attracted much preview interest, is part of the developers Fairytale Legends series, which the company plans to expand with further titles in 2017.

Super Heroes Slot Launches - When the feature is triggered, two of the heroes appear on each side of the screen to boost winnings. During free spins, heroes are triggered on every spin, with their super powers growing stronger each time.

SIS Stream To Deliver racing games to online customers - Online and retail betting industry provider SIS has signed a multi-year deal that harnesses the power of its SIS Stream product to deliver 49s-branded racing games to online customers.

Playngo in Deal With Betclic Everest Group - Swedish online gambling games developer Play’n GO has signed an agreement with the Betclic Everest Group that will see its full suite of games rolled out across the French group’s online casino brands.

2016 Italian Poker Tour main event in Malta - After besting a field of 775, many of them respected aces, Austrian poker pro Ismael Bojang claimed the main prize of Euro 101,940 over the weekend in the eighth edition of the Euro 1,100 buy-in Italian Poker Tour main event in Malta.

Betradar in Deal with OPAP - Sports betting data and analytics provider Betradar has inked a live betting supply deal with the major Greek licensed retail and online gambling operator OPAP.

2016 888poker Make It Big Tournament - A relatively unknown Hong Kong poker player, Ka Him Li (21), claimed victory after a two-way chop in the main event at the inaugural 888poker “Make It Big” live poker festival at the Aspers Casino in London over the weekend, earning the top prize of GBP 45,300.

Lightning Box Games in deal with WIlliam Hill - Sydney-based slot design specialist Lightning Box Games has signed an agreement to supply its content to William Hill’s licensed betting offices in the UK.

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