"Google and Other Search Engine Sited Found to Breach e-Gambling Law"

According to the Australian Interactive Gambling Law of 2001, it is against the law to place advertisements for online gambling services on websites. The law provides penalties for anyone that breaks the law. Still, there are some businesses that are finding ways around the law in spite of this.

When it is likely that the majority of users of a site are physically present in Australia, the law prohibits advertising of gambling services on that site. The said services include such services as online casino-style games such as craps, blackjack, online poker machines, roulette, and poker. The maximum penalty for breaking this law is a maximum fine of AU$220,000 per day for individuals and AU$1.1 million per day for corporations.

Search engines that have an Australian domain (and this includes Google) are currently under investigation by Australian authorities in an effort to stop those companies that are alleged to of been breaching the law. These search engines display advertisements to online gambling sites. They do this by displaying links with misspelled keywords. Although it is not the only one, Google Australia is one such search engine using this technique. Another little known one is Web Wombats, which is a Melbourne-based search engine company that employs the same tactics. It has actually admitted to doing so. Michael Tancredike, is Web Wombat’s managing director. He admits that his search engine web site does contain links that are illegal. But he also adds that the company is working all of the time to find the illegal sites so as to keep everything legal. The Google spokersperson, Debbie Frostie, declined to comment on the subject.

Justine Munskie, the senior associate at the leading Asia-Pacific law firm, Mallstrum Stevie Jackie, has told ZDNet Australia that she has uncovered a lot of potential breaches of the Act . Munskie makes the point that any gambling advertisement which appears on an Australian Web site is considered as having been published in Australia. According to her, if a Web site that is being directed toward Australian users publishes an advertisement for a Web site that is offering online gambling services, it is not important where that gambling site is located. Because the advert is published in Australia, the law is considered as having been broken, Munskie said.

As of the present time there have not as yet been any prosecutions concerning this aspect of the law. But Munskie says that this may change in the near future. This is especially true if breaches become more serious and assume a greater priority. Only five complaints for potential breaches have been lodged since the Act has gone into effect.