Online gambling cannot be stopped by criminalization alone: Shameem

Former Prosecutor General Hussain Shameem has said that online gambling cannot be effectively stopped by making it a criminal offence alone, stressing the need for broader measures to curb the practice.

His comments come as the government has proposed amendments to the Penal Code to criminalize gambling and the operation of gambling-related activities.

Writing on his blog, Shameem said online gambling platforms, particularly those accessed through smartphones, are designed using techniques that attract users and keep them engaged. He said he does not believe such behavior can be eliminated immediately through legislation alone.

“I cannot expect that the apps on their phones will be deleted on the day the law is passed,” Shameem wrote.

He noted that while the criminal justice system can influence behaviour if people believe enforcement is certain, the proposed law, in its current form, raises concerns about enforcement and prosecution.

“As the draft law stands, it does not appear that gambling offences can be easily investigated or that sufficient evidence can be obtained to prove guilt in court,” he said.

Shameem argued that a more effective approach would be to increase friction making gambling more difficult to access and use. He pointed out that the government already has the authority to block online platforms for social reasons, even without new legislation.

“All online betting sites receive payments through banks. Through the Maldives Monetary Authority, banks can be prevented from transferring money to online betting platforms. The Maldivian financial system should not be used to facilitate illegal activities,” he wrote.

He also noted that blocking gambling apps on mobile phones could be introduced through legislation, although he acknowledged that enforcement would be technically challenging.

Shameem said gambling can already be curtailed by limiting access and disrupting payment systems, warning against the assumption that declaring something illegal automatically changes behaviour.

“Even if an activity is prohibited by law, people’s behaviour can only be changed through a combination of legal, social, economic and health-based solutions,” he said.

“The solution to gambling is not only to declare it illegal, but to close the avenues through which it operates and increase the friction.”