The Quebec government’s effort to restrict access to gambling websites has been struck down by a court. Telecommunications authorities have applauded the decision, as a judge has rejected the law’s claims to safeguard consumers.
The Canadian Wireless Telecommunications Association (CWTA) has expressed satisfaction with the ruling by the Quebec Superior Court. The court determined that the provincial government’s attempt to compel internet service providers to block access to online gambling websites was unlawful.
The CWTA challenged Bill 74, enacted by the province in May 2016. The bill mandated ISPs to prohibit Quebec residents from accessing websites that competed with the publicly operated Quebec lottery.
The association contended that the Canadian Radio-television and Telecommunications Commission (CRTC), not the province, possessed the authority to impose such conditions on ISPs.
However, Judge Pierre Nolette also stated that the law aimed to “hinder access to gambling websites not developed by the government” and “was not designed to protect consumers or their well-being,” contradicting the local government’s assertions.
According to the existing Telecommunications Act, operators “must not control content or influence the meaning or purpose of telecommunications they transmit to the public,” unless the CRTC intervenes.
The Canadian Radio-television and Telecommunications Commission (CRTC) has declared that it will only authorize website blocking in “exceptional situations”.
Tiéoulé Traoré, government affairs manager for the Canadian Wireless Telecommunications Association (CWTA), stated that Canadians require a balanced and uniform set of federal regulations, as opposed to fragmented provincial rules.
“We believe this choice is highly significant because it will contribute to sending a strong message of regulatory stability and enhance incentives for investments in infrastructure in Quebec and other regions of Canada.”
The yearly sales of the Quebec-based EspaceJeux.com platform have risen by 37.5% to $118 million CAD (£68 million / €77 million / $90 million), indicating the growth potential of online gambling in Quebec. Last month, the platform’s sales increased by 37.5% to $118 million CAD (£68 million / €77 million / $90 million).
The Quebec Ministry of Finance estimates that the bill will generate $27 million CAD in annual income for EspaceJeux.com. The ministry has not yet responded to whether it intends to file an appeal.
Image copyright: Christophe.Finot
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