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The current situation of a rapidly increasing number of illegal online casino users in Japan cannot be left unchecked. Effective measures must be taken, including the introduction of measures to block connections to casino sites.
The Internal Affairs and Communications Ministry has held the first meeting of an expert panel to study measures to deter online casino use. The main point of contention is the appropriateness of introducing measures to forcibly block connections to casino sites. The panel is expected to compile an interim summary of the issues as early as this summer.
Blocking is a measure whereby internet service providers monitor the communication destinations of all users and prevent them from viewing problematic sites.
The right to prevent others from knowing the contents of one’s communications is guaranteed by the Constitution and other laws as the “secrecy of any means of communication.” Since blocking online access infringes this right, it is currently permissible only in exceptional circumstances set by the Penal Code for cases of “necessity” involving child pornography sites.
The reason why the government is now considering introducing blocking as a last resort to deal with online casinos is that the proliferation of online casinos has become extremely serious in Japan.
The National Police Agency estimates that 3.37 million people have used online casinos in Japan, with ¥1 trillion being gambled annually. Users who access online casinos that are legally operated overseas are also subject to gambling charges if they access and use the sites from Japan.
Many people are little aware of this fact, and there are many sites that claim to be “safe and secure” in Japanese. Under the circumstances, users have been uncovered by police one after another. But it is difficult to crack down in Japan on sites that are legally operated overseas.
Online casinos pose a high risk of gambling addiction because betting is available 24 hours a day via smartphones. Among users, young people especially stand out, and there have reportedly been cases of young people with debts applying for “dark part-time jobs” on social media.
Blocking is an effective measure to prevent the further increase in people who are involved in illegal gambling. It would also lead to measures against addiction. However, it is essential to thoroughly discuss the application of blocking so that it will not become an inappropriate system that violates the Constitution.
Since child pornography infringes the human rights of children, the protection of their rights was judged to take precedence over the guarantee of the secrecy of communications.
On the other hand, the government had previously considered blocking pirate sites that publish popular cartoons without permission, but abandoned the idea because of a strong opinion that copyright infringement is about economic interests and does not meet the conditions for cases of “necessity” under the Penal Code.
In the case of online casinos, how will the relationship with the secrecy of communications be sorted out? Who will select the sites to which access is blocked and how? It is important to examine other countries’ systems in detail and clearly define these issues with legal rules.
