Internet-based Lotteries and Betting Activities, Advertising for Illegal Operators

Essentially, the provision of telecommunications-based lotteries and betting activities is subject to the rules that govern conventional events of this kind. In Switzerland, only Swisslos and Loterie Romande may be authorised national or intercantonal lottery or betting services. These two lottery companies also permit players to take part in various Internet-based games. Any other Internet-based lottery and betting services are illegal in Switzerland.

In particular, it should be noted that art. 4 and art. 33, item 2, of the Lottery Act (LG) also prohibit the announcement of illegal lottery and betting activities. By "announcement", Comlot also understands the placement of links which point to websites run by illegal, i.e. unauthorized, Swiss or foreign operators.

Comlot will therefore report to the criminal prosecutor anyone who operates and/or advertises illegal lottery or betting activities in Switzerland. And while it is not an offence to participate in Internet-based lottery and betting activities as a player, participants do risk the confiscation of their stakes and winnings in the context of a lawsuit against operators whose activities are illegal under Swiss law.

Cantonal prosecutors investigate and adjudicate any violations according to art. 47 of the Swiss Lottery Act (LG). While Comlot does not have the power to prosecute, it will report to the prosecutor any violations of Swiss law.