THE PENALTY ASPECT OF ONLINE GAMBLING AND BETTING GAMES

In today's world, where the effects of the communication age are felt in almost every field, the development of network and communication technologies has increased the likelihood of encountering illegal activities that may constitute crimes in the vast virtual environments. "Online gambling and betting games" are just one example of this.

The Legal Aspects of Online Gambling Games

the Regulation on the Procedures and Principles Regarding the Regulation of Publications Made on the Internet, titled "Decision to Block Access," access to publications related to crimes committed in the virtual environment and for which there is sufficient reason to suspect the content, as defined in the Turkish Penal Code No. 5237 dated 26/9/2004, which involves providing a place and opportunity for gambling, may be blocked. In this context, the question arises whether gambling games played in the virtual environment constitute a crime. "providing a place and opportunity for gambling" in the law is a broad expression encompassing gambling conducted through all information and technological instruments, including internet sites, web, mobile phone applications, and social media applications. While operating a gambling establishment in the virtual environment is considered a "crime" in the law, gambling in the virtual environment is considered a "misdemeanor."

The Criminal Aspect 

The criminal aspects of gambling and operating gambling activities on the internet are as follows:

According to Article 228 of the Turkish Penal Code, which concerns providing a place and opportunity for gambling, a person who provides a place and opportunity for gambling shall be punished with imprisonment for up to one year and a judicial fine. If a place and opportunity are provided for children to gamble, the penalty shall be increased by one-fold.

The legal regulation concerning playing games in a virtual environment, which is considered a misdemeanor, is found in Article 34 of the Misdemeanors Law, titled "Gambling". In this context, in addition to an administrative fine of one hundred Turkish Lira, the winnings obtained from gambling are confiscated and transferred to public ownership. The administrative fine for gambling was 208 TL in 2015 and was increased to 219 TL in 2016.

The Legal Aspects of Online Betting Games

Legal regulations regarding betting and gambling, specifically fixed-odds and pari-mutuel betting or games of chance based on sports competitions, are stipulated in " Law No. 7258 on the Regulation of Betting and Games of Chance in Football and Other Sports Competitions"

The Criminal Aspect

7258on the Regulation of Betting and Games of Chance in Football and Other Sports Competitions, those who operate or provide a place or opportunity for fixed-odds or pari-mutuel betting or games of chance based on sports competitions without having the authority granted by the law are punished with imprisonment from three to five years and a judicial fine of up to ten thousand days. Individuals who enable access to fixed-odds or pari-mutuel betting or games of chance based on sports competitions played outside the country, through virtual means or otherwise, from Turkey are punished with imprisonment from four to six years.

In conclusion, all types of actions carried out illegally on the internet are regulated under information technology law , and the necessary penalties are applied. To obtain more information and benefit from consultancy services on such matters, you can seek assistance from experienced IT law attorneys