Abstract
Shortly after coming into force at the beginning of 2017, the new Czech gambling law, Act No. 186/2016 Coll. on Gambling, was subject to a review by the Constitutional Court. The application for the review was filed in 2016 by a group of Czech senators who contested specific provisions that impose an obligation on Internet connection providers to block access to websites with unauthorized gambling that are put on a so‐called “blacklist,” as well as the related sanctions for failing to do so. The senators based their application on claims that the respective provisions were unconstitutional on grounds of legal uncertainty, freedom of expression, the right to access information, and the right to carry on an economic activity, potentially leading to unacceptable censorship of the Internet.
The Czech Constitutional Court handed down its decision on February 14, 2017 having found the respective provisions of the gambling law in line with the constitutional order. The court addressed the individual claims of the senators in turn and stated, in particular, that: (i) the procedural rights of interested parties will be adequately protected by the two‐instance administrative proceedings with a possibility of appeal to administrative courts; and (ii) the uncertainty of the contested provisions is not of such a degree so as to amount to (unconstitutional) legal uncertainty and unpredictability.
In the view of the court, the blocking of access to websites on which illegal gambling is offered seems to be the only effective, although not perfect, solution to tackle a problem that has a significant social impact. In its decision, the court specifically addressed the interest in protecting children and gambling addicts, as well as budgetary (tax) interests and the need to prevent money laundering. On the other hand, the court emphasized that while drawing Internet connection providers into the game is necessary in order to fight illegal online gambling (often provided from remote jurisdictions) effectively, they must be requested to only exert such efforts and costs which may be reasonably expected from them. The court clearly sent a message to the Ministry of Finance, the main regulator of gambling in the Czech Republic, that regard must be taken to the constitutionality of application and enforcement of the law. In this connection, it is worth noting that, before the decision was handed down, the Ministry published its Guidelines on the blocking of websites, which contain more specific details for the connection providers.
As of the end of March 2017, the blacklist has been empty although the Ministry has allegedly initiated administrative proceedings against a number of illegal gambling operators. How the contested provisions will be put to life and interpreted by the regulator is yet to be seen, but the Constitutional Court appears to have drawn certain general, and yet clear, lines for the Ministry to observe in its decision making.