The Swiss High Court has affirmed a prohibition on foreign online gambling sites in Switzerland. The court turned down appeals from three unidentified gambling firms against a Domain Name System (DNS) blocking system.
The High Court endorsed the DNS blocking strategy implemented by the Intercantonal Lottery and Betting Commission in 2019. The court dismissed arguments that the ban was against the constitution. The case was referred to the High Court earlier this year after the Intercantonal Gambling Court dismissed appeals from three unnamed gambling companies based in Malta. These companies’ domains have been blocked in Switzerland since 2019.
The court determined that the DNS system, introduced after the Gambling Act of 2018, was justified in limiting access to online gambling services not authorized in Switzerland. The court found that the system had a sufficient preventative effect on Swiss citizens accessing unlicensed operators and was more effective than other methods, such as a list of regulated providers.
The plaintiffs also argued that the ban violated Swiss law by restricting economic freedom. However, this argument was also rejected.
The judicial body determined that the argument is not relevant to wagering. The Swiss administration has the authority to restrict online gaming, allowing only authorized and regulated businesses to operate within its borders.
The court stated that Swiss authorities lack sufficient oversight over foreign gambling enterprises, prohibiting their operation within Switzerland.
The court did not specifically address the three gambling entities. In the previous year, the Federal Administrative Court adjudicated a case initiated by Maltese companies, Interwetten International Ltd, Videoslots Ltd, Bet-at-home Entertainment Ltd, and Lopoca Gaming Ltd, against the Swiss Federal Gambling Commission. These companies sought to circumvent the prohibition on online gambling.
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