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Online Poker Legality
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As online poker has increased in popularity and appeal, the question of its legality has also received more attention. For anyone who enjoys poker and wishes to play online, it’s important to understand the legal issues, if any, associated with the game and its online variant.
Online Gambling Laws Vary According to Where You Live
First and foremost, we must mention that different jurisdictions (whether national, state, or local legal environments) treat the activity differently. Some may group it in along with online gambling in general or may give it special or unique status in comparison to its online casino and sportsbetting counterparts. Although the information presented here provides an overview and can be helpful, we’ve tackled the situation only for the EU and the US. Whether you live in one of these jurisdictions or not, it’s vital and necessary to check the local laws in your own area before playing online and we strongly advise and encourage you to do so.If you live in the EU, the situation is a bit clearer – and friendlier – than the environment in the U.S. Generally speaking, the European Union has taken a pretty clear pro-online gambling position and even though some individual member states have attempted to legislate on the activity, bans are generally prohibited and run counter to EU law which must feature conformity across the Union. That said, different member states have different positions and laws and, depending on where you reside, you might be restricted as to which sites you’re allowed to use. However, overall, and although the industry and legal environment are still evolving, online poker in the EU is a legal offering which can be enjoyed by citizens over the age of 18.
In the US, the situation is a bit different and represents a legal grey area. For a long time, attempts were made to legislate against online gambling in general (including online poker), but such attempts were generally made on a state-by-state basis and they all focused on different laws and practices regarding online gambling. Recent anti-gambling legislation in the US and the Unlawful Internet Gambling Enforcement Act (UIGEA), in particular, has changed all of that. In 2006, the US government passed the UIGEA and made it illegal for US financial institutions to process payments to online gambling sites and operations. In other words, while it is still not explicitly illegal for Americans to gamble online – and none have ever been prosecuted for doing so – processing the payments which are necessary is now prohibited.
Following the law’s passage, however, US financial institutions have encountered a number of difficulties in enforcing the legislation and American online poker players have continued – albeit with more difficulty – to find ways to play online. Perhaps more importantly, groups like the Poker Players Alliance – with a former and influential Republican US Senator as its head – have lobbied heavily to have online poker excluded from the UIGEA provisions, arguing that it’s a ‘skill’ game and not a game of chance. The group and their cause have receive a lot of attention over the past year and they remain optimistic that their lobbying efforts – which continue to expand - will eventually result in either a repeal of the UIGEA or an exemption made for online poker.
As we said before, regardless of any of the information presented here, it’s important and incumbent upon players to verify the legality of online poker in their own jurisdictions before playing online. In the EU, generally speaking, online poker can be enjoyed and played by anyone who meets the necessary age requirements. In the US, although the UIGEA has made the situation more complicated and difficult, online poker players continue to play online and, as of yet, there have been no prosecutions made. The US, despite the recent passage of the UIGEA, has moved in a more pro-online gambling direction and developments over the coming years should clarify the situation further.
Disclaimer: GamblingPlanet.org is not a legal authority. In no way should the information presented here be regarded as formal legal advice. All of the information given on these pages has been taken from several assorted news releases and articles and its accuracy is not guaranteed. For more accurate and formal information considering the legality of online poker, consult the specific laws of the area in which you reside or jurisdiction in which you are playing.