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Even so, suspension is an unusually forceful intervention.
“In my experience, where compliance concerns can be satisfactorily addressed without suspending an operator’s licence, the Commission may allow the operator to implement remedial measures or an action plan while continuing to trade,” says Richard Williams, partner at Keystone Law, speaking before the news of the collapse of the businesses.
“The fact that suspension has been considered necessary in this case therefore indicates that the Commission presently considers the issues sufficiently significant to justify preventing the operators from continuing to offer gambling while its reviews are ongoing.”
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Sports betting in Morocco, including online betting and virtual events, is reserved to state-owned Marocaine des Jeux et des Sports (MDJS). The company is 90% held by the Treasury and chaired by the sports minister.
Its exclusivity reportedly runs to 2036 under an unpublished 2016 convention with the state. The commercial operation is run under a tendered management contract rather than a licence. Unauthorised gaming houses and lotteries are criminal offences under articles 282 to 285 of the penal code.
MDJS has turned to the courts to challenge offshore betting. On 12 January the Casablanca commercial court, sitting in summary proceeding, ordered Maroc Telecom, Orange Maroc and Inwi to block 19 named betting sites and local payment intermediaries. Non-compliance carried a penalty of MAD10,000 a day.
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Products offered to the public must undergo prior evaluation by a competent body of the Federal Executive Branch, to be defined in regulations. Products classified as high-risk will be subject to specific harm reduction measures. Products with excessive risk may not be offered. This category includes products with outcomes determined by random mechanisms, continuous cycles and variable rewards, such as roulette, slot machines, collision games and simulated virtual sports.
Furthermore, the text maintains obligations for monitoring and institutional cooperation, with the provision of aggregated and anonymised data to the competent authorities. It also provides for actions by the executive branch aimed at monitoring the impacts of betting, training health professionals, updating care protocols and periodically disseminating information on the effects of the activity.
Application providers, digital platforms, hosting services and media intermediaries must remove irregular advertisements and campaigns after notification from the competent authority. The rapporteur’s version requires that the notification clearly and specifically identifies any content deemed irregular and ensures the right to a fair hearing and full defence. Journalistic, academic, parliamentary, artistic and opinion content are expressly protected.
