Online Gambling Cases in Malaysia
The online gambling industry in Malaysia has grown so fast that it has become one of the biggest industries in the country. The first online gambling club in Malaysia was launched in 1997. Since then, more casinos have opened in different parts of the country. This has increased the number of lawsuits against online gambling companies in Malaysia. The following are the most common cases that have been reported in the past few years: a Malaysian online gambling company in breach of its contract with its clients, an online gambling site in Malaysia offering illegal gambling, and an online gambling company in Malaysia operating a casino they did not operate. These are just the recent examples and there are still hundreds of other cases pending.
There is little doubt about the serious issues that arise when online gambling companies do not operate according to the letter of the law. The general principle that applies to all online businesses is that the company must operate with the utmost diligence to ensure that they are not breaking any laws or regulations. If they receive a cease and desist order from a court, the question is whether or not the online gambling company in Malaysia will respect the court’s decision and not fall into further breach of contract violation. In many ways, online gambling in Malaysia falls under the same principles as traditional gambling.
A contract is legally an agreement between a party and a third person. When a contract is broken between these parties, there are three main implications that are likely to occur. Either the party that had the contract broken will seek restitution from the other party; the party that had the contract violated it; or the parties that had both signed the contract agree that they would not act in a way that brings about violate of the agreement. All three of these scenarios are bad for online gambling companies in Malaysia.
Because online gambling in Malaysia is subject to regulation and control in the same way that online gambling in the US and in many other countries around the world is, there are several problems that arise for online gambling companies. In Malaysia, all online gaming companies are required to register under the Security and Assurance Act (SA) of 2021. This acts as a sort of boilerplate in the online gambling sector when it comes to business contracts. Although this may seem like a redundant and overly complicated task, the law does require online gambling companies to follow it closely, and if they do not, they could be shut down by the law.
When a contract is brokered in Malaysia, one of the main areas where the law breaks down occurs when an online gambling company tries to enforce a contract that was made outside of Malaysia. This is a very common problem. For example, if an online gambling company wanted to enforce a contract in the UK that specified that a certain deposit had to be made in the UK before they would hand over the winnings, then they would have to adhere to UK law. Because of this, they will not be able to make these types of contracts in Malaysia.
Another problem occurs when an online gambling site in Malaysia tries to force payments out of players in other countries. For example, a player may be playing at one of the online gambling sites in Malaysia, and the site wants payment wired into their account in Thailand. They then go ahead and wire it to another bank in Thailand to cover their costs and to get the winnings wired into their account. While this can be legal according to the terms of the contract that the online casino was going to operate in Malaysia, this can be considered a breach of the contract that was originally agreed upon.
Many of the online gambling operators are based in the Philippines, or in another country that has a US consulate. Because the payment channels are local, there is a high likelihood of these companies breaking local laws and regulations. This can lead to serious problems with authorities in these countries and can also cause problems with the person being cheated.
In all online gambling cases in Malaysia, both the players and the companies involved are the ones who end up on the wrong side of the law. In some cases, the players themselves end up getting arrested for running up these charges and fraudulent actions. The companies end up getting blacklisted by many of the credit card companies and will have a hard time processing any transactions. In some cases, the payment channels themselves become the problem, because the companies do not follow through with the process of securing their online gambling licenses in a timely manner. When all of these problems arise, the online gambling industry in Malaysia quickly finds itself on the wrong side of the law.