Introduction
Gambling law
Betting law
Comment
Under the Turkish Penal Code, "gambling" is defined as "games that are performed for profit and in which profit and loss depend on luck" and is regulated within the scope of crimes against the community and public morality. This means that the definition of gambling covers all types of games and sports in which profit and loss depends on luck. On the other hand, "betting", which is not defined explicitly in any legislation, is a system from which third parties profit based on their predictions of an organisation's results – not a predetermined result but rather a possible result.
The Turkish Constitution regulates that the government shall take necessary measures to protect teenagers from gambling and similar bad habits. As a result, gambling and betting are considered a field that is principally prohibited under Turkish law and can only be carried out under government control.
Gambling and betting are not regulated together; permits and penalties are set out in different legislations. This article outlines these separate key regulations and permits for gambling and betting activity.
Gambling and providing an environment and opportunity for gambling are both considered crimes, although they are regulated through different provisions. Providing an environment and opportunity for gambling is considered a crime under the Turkish Penal Code, which sets out a penalty of imprisonment and a judicial fine. Committing this crime by using information systems is considered an aggravated crime under the same law. Under the Misdemeanour Law, gambling itself is also a crime, and an administrative fine is imposed for those who gamble. In addition to these provisions, places where gambling occurs are served with a cease-and-desist order.
Betting is regulated through the Law on Arranging Betting and Games of Chance in Football and Other Sports Competitions (the Betting Law). Pursuant to article 5 of the Betting Law, those who play fixed-odds betting and joint betting, or games of chance based on sports events without a licence, or who provide environment and opportunity for them to be played, will be subject to penalties.
Under Turkish law, there are three types of betting that can be organised legally and played if a license is granted. These are:
- sports betting;
- horse racing betting; and
- games of chance (eg, lottery and numerical games).
Sports betting games and games of chance are regulated under the Betting Law, and imprisonment and judicial fines will apply to those who provide an environment for sports betting without a license. Similar penalties are set forth for those who organise horse race betting in violation of clauses regulated under the Law on Horse Racing. For legal entities, penalties are applied as a security measure.
A prominent example is the Turkey Wealth Fund, which:
- currently holds a licence for games of chance and horse racing for 49 years;
- authorised the Sisal Şans for 10 years to organise games of chance and issue licences to dealers; and
- authorised the Turkey Jockey Club for 49 years to organise horse race betting games and issue licences to dealers.
The only authorised institution to organise sports betting games and to issue a licence to dealers is the Spor Toto Organisation.
Additionally, playing games that are based on skill and luck with game tools and equipment against a cashier or game machines in a virtual environment, and ads related to these games, are completely and explicitly prohibited.
Since illegal gambling and betting activities nowadays occur mostly online, the usual penalty is to remove the specific illegal content and, when this is not possible, to block the access to the relevant website. In practice, sometimes the relevant institutions may consider computer and phone games that include gambling and/or betting content illegal. However, the profit and loss of virtual items that do not have any monetary value in the real world cannot be considered losses from gambling or betting under the current legal definitions and regulations.
For further information on this topic please contact Hatice Ekici Tağa, Burak Özdağıstanli, Sümeyye Uçar or Öykü Su Sabancı at Özdağıstanli Ekici Attorney Partnership by telephone (+90 216 230 07 48) or email ([email protected], [email protected], [email protected] or [email protected]). The Özdağıstanli Ekici Attorney Partnership website can be accessed at www.ozdagistanliekici.com/.