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2 IJOCLLEP 167 (2020)
Online Gambling and Child Protection: A Case for Review of the Regulatory Protection for Underage Persons in Nigeria

handle is hein.journals/inljlocv2 and id is 551 raw text is: IJOCLLEP 2 (3) 2020 ONLINE GAMBLING AND CHILD PROTECTION: A CASE FOR REVIEW OF THE REGULATORY PROTECTION FOR UNDERAGE PERSONS IN NIGERIA* Abstract Online gambling is faced with several challenges that have posed regulatory difficulty to gambling transaction. One of such challenge is the issue of Underage Gambling. The use of Internet and other Digital Media by young persons for purposes of gambling represents a serious concern. Despite clear prohibitive legislation excluding minor or young person from all relevant gambling products, Online Gambling has proven to be resistant to such regulation as a result of the challenges inherent in this medium or channel of Gambling. This article adopts doctrinal research methods to examine Online gambling in Nigeria. It assesses the prohibitive provisions on Child gambling and regulatory challenges in Nigeria, making apt comparison of online gambling to other form of gambling-like activities and proposes practical and regulatory recommendations for possible reforms to guarantee adequate protection for under-aged Persons in Nigeria. The paper seeks to educate the Government, Gaming Services Providers, the general public and Stakeholders of the Gambling Industry in Nigeria. Keywords: Gambling, Child, Online Gambling, Virtual Property, Video game, Penny Auction 1. Introduction The emergence of Internet and Mobile Technological Devices brought about dependency on its usage for several aspects of human activities. The Internet being a global network interconnected in a logical manner made communication, social and commercial activities easily accessible and at the convenience of the user. The accessibility of Internet to all person, afforded Minor, children and, or adolescence the opportunity to carry on several activities such as making research on schoolwork, entertainment and socializing activities such as Online Games, Instant Messenger, Emails, Online videos viewing and communication with friends and, family via Social Media Network.1 While these laudable purposes are achieve by Minor on the Internet, its usage have also afforded Minor the opportunities of playing with and, or manipulating their identity.2 Such identity manipulation and, or change of identity has enable Minor to gain access to goods and services that are either prohibited or restricted for certain age below majority. In most traditional transaction conducted offline, certain goods and or services such as films, Alcohol, tobacco, gaming content, gambling etc are well considered to be harmful and of negative effect on minors, therefore prompting regulatory protection restricting access or purchase of such goods and services.3 Gambling products are age restricted products, whereby access to underage persons is prohibited notwithstanding the channel or medium through which gambling products are offered. While most Industries have been legally subjected to verify the age of consumers before selling or advertising certain product or services, the challenges of such Age Verification still persist.4 This persistence is not for its undesirability but the lack of an easy means of remotely confirming the age of person and absence of uniform standard or code of practice in the Online gaming industries.5 Globally, the issue of Underage Gambling is on the rise; however, the scale of the number of minor engaging in such prohibited act in Nigeria is relatively unknown, but global indication point to the fact of growing number of Underage Gambling.6 While prevention of minor from gambling has proved rather difficult to manage in the traditional land- based casinos and gaming houses, online platform presents a good means for detection of minors engaging in gambling.7 For a proper understanding of this research, it is however pertinent to define some of the following key concepts for the purposes of clarity. *By Samson Ojodomo ONUCHE, LLB, BL, LLM (In View), PNM, E.I. Onuche & Co. Abuja, Nigeria. Email: Onuchesamson48@gmail.com, Phone No: (+234) 08173938587 ' S. Livingstone, L. Haddon, A. G6rzig, K. 61afsson, Risks and Safety on the Internet: The Perspective of European Children. Full Findings' EU Kids Online, LSE. (London: 2011) 2 S. Livingstone, M. Bulger, 'A Global Agenda for Children's Rights in The Digital Age'. (2013) UNICEF Office of Research: Florence. < http://www.unicef irc.org/publications/pdf/se%20olol%20final3.pdf > Accessed 3 February, 2020 3 V. Nash, R. O'Connell, B. Zevenbergen, A. Mishkin, 'Effective Age Verification techniques: Lessons to be learnt from the Online Gambling Industry' Final Report, (University of Oxford 2014) <http://www.oii.ox.ac.uk/research/projects/?id=102> Accessed 19th January 2020 4 Ibid 5 Ibid 6M. Griffiths, J. Derevensky & J. Parke, 'Online Gambling among Youth: cause for concern?' in R. Williams, T. Wood, and J. Parke J (eds) Routledge International Handbook of Internet Gambling (Routledge London and New York 2012) 183-99. Reported acceptability, availability and social acceptance of gambling is the rationale behind the increased in underage gambling in most countries. 7B. Nastally & M. Dixon, 'Adolescent Gambling: Current Trends in Treatment and Future Directions' (2011) Int JAdolescence Med Health 96 (95-116) 167

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