Is it illegal for Malaysians to gamble at home? Hidden Truth
The popularity of gambling has increased recently, and more Malaysians are turning to the realm of online betting for thrills and amusement. The question of whether online casinos and sports betting sites are allowed in Malaysia, however, is growing along with their allure.
The popularity of gambling has increased recently, and more Malaysians are turning to the realm of online betting for thrills and amusement.
The question of whether online casinos and sports betting sites are allowed in Malaysia, however, is growing along with their allure.
Many people wonder if it is acceptable for Malaysians to engage in online gaming and enjoy activities from the comfort of their own homes.
In this post, we delve into the murky details of online betting in Malaysia’s legal & legislation, illuminating the true legalities behind this well-liked activity.
What are Gambling platforms?
Gaming platforms are websites or online platforms that offer a virtual setting for people to partake in a variety of gaming activities. Users are able to bet or wager on games of chance or skill on these platforms in the hopes of earning cash or prizes.
Following are some popular categories of gaming websites:
Online casinos
Slot machines, blackjack, roulette, poker, and other casino games are available on these platforms. Users can play these games in the convenience of their homes while simulating the experience of a conventional brick-and-mortar casino.
Sports betting websites
Websites that specialize in sports betting allow users to wager on a variety of sporting events, including football, basketball, tennis, horse racing, and more. Users can wager on player performances, game outcomes, and other relevant variables.
Poker Rooms
Specific websites where you can play poker online. They offer a virtual setting where players can join tables, engage in rivalry, and take part in different poker tournaments
Online bingo sites
These websites provide versions of the well-known game of bingo online. Players can buy virtual bingo cards and take part in games that the platform will automatically design and manage.
Lottery Platforms
Online lottery platforms enable customers to buy tickets for a range of lotteries all over the world. For a chance to win significant jackpot prizes, players can select their numbers and take part in draws.
eSports Betting Sites
As the popularity of competitive video games has grown, certain platforms now let consumers wager on major eSports competitions and matches.
Users can place bets on teams or specific players, and if their predictions are correct, they could win money.
It’s crucial to remember that depending on the country In which you live, different gambling platforms may be available and/or legal. Always make sure that you adhere to the local laws and rules that regulate online gambling.
Is it illegal for Malaysians to gamble at home?
There is a widespread misconception that gambling is prohibited in Malaysia, and to a considerable part, this is true.
The Genting Resorts casinos, as well as the classic Toto, Magnum, and Damacai, which have licenses issued by the Minister of Finance, are exceptions.
Did you also know that Online betting in Malaysia legally has illegal gambling platforms?
At the close of the previous year, the police actively pursued these gambling dens. We’ll soon learn that the proprietors may also face criminal charges in addition to the customers.
There are Malaysian Acts of Parliament specific to gambling
In simple terminology, an Act of Parliament simply means law. The Common Gaming Houses Act of 1953 and the Betting Act of 1953 both address unlawful gambling in Malaysia, with the terms “common gaming houses” and “betting houses” serving as their focal points.
A betting house is a location where bets are placed on events like horse races or sporting competitions, as well as where shady lotteries are run.
Since frequent gaming platforms are locations that host more “casino-like” games like roulette and poker, they are more pertinent to the discussion in this article.
As a result, we’ll virtually always refer to the Common Gaming Houses Act 1953 moving forward. According to Section 3 of the Common Gaming Houses Act of 1953, these platforms are “contrary to the law” and are therefore nuisances.
Offenses related to owning or occupying a common gambling house are listed in Section 4 of the Common Gambling Houses Act of 1953.
There are several subsections in this section, but we’ll just give you a sample here:
“Any person who — (a) being the owner or occupier or having the use temporarily or otherwise thereof keeps or uses a place as a common gaming house”
It is meant to be a catch-all section that is directed toward anyone who might be running a shady gambling platform. Common gambling house ownership or occupancy, printing advertisements for the gaming house, and similar offenses are a few examples of those covered by Section 4.
In addition to a fine ranging from RM 5,000 to RM 50,000 and a jail sentence of up to 3 years, violators may also face additional penalties for each gaming machine (such as a roulette or slot machine). What if the person is more of a ‘investment’ in the typical gaming platform rather than the owner of a betting house? Article 5 declares:
“Any person who advances or furnishes money for the purpose of establishing or conducting the business of a common gaming house or for the purpose of a public lottery or who profits from the platform or conduct of such business shall be guilty of an offense”
By investing money in the creation and operation of a common gaming platform, these investors break the law. Even those that produce or provide gaming machines are not exempt.
According to Section 4a, anyone who deals in, manufactures, or assembles gaming machines — which might include slot machines, gambling arcade machines, or gambling equipment — commits an offense and is subject to a fine of up to RM 100,000 and a maximum 5-year prison sentence.
It might be challenging to observe gambling dens In action, hence Malaysian authorities are permitted to make certain assumptions regarding certain facts to make the task of observing common gaming houses easier.
For instance, according to section 19 of the Common Gaming Houses Act of 1953, a home or other property is presumed to be a common gaming house unless proven otherwise if it possesses equipment that permits gaming or gambling and operates similarly to one.
As an illustration, it would be thought that a home is a typical gambling platform if it features a few slot machines, a poker table, decks of cards, and possibly a supply of poker chips.
The house or premises may be recognized as a common gaming house even if it doesn’t have to look exactly like a casino; all that is required is that it appeared that gambling was being done.
Now we get to the actual crime of gambling at a typical gambling platform. Anyone who gambles at a common gaming house is guilty of an offense and subject to a fine of up to RM 5,000, a jail sentence of up to 6 months, or both, as stated in section 6(1) of the Common Gaming Houses Act of 1953. Section 2 defines gaming as:
“The playing of any game of chance or of mixed chance and skill for money or money’s worth and includes the playing of any game specified in Column I of the First and Second Schedules and the playing or operation of any gaming machine”
Gaming can refer to a variety of popular casino games including poker, blackjack, and roulette, but the First and Second Schedules of the Act also include a list of some lesser-known titles like “Tau Ngau” and “Ewok” (not to be confused with the Ewoks from the Star Wars films), which are both gambling-related. According to section 7(1) of the Common Gaming Houses Act 1953, gambling in public is also illegal.
“A police officer may arrest without warrant any person found gaming in any public place and may seize all instruments or, appliances for gaming found in such public place or on the persons of those arrested under this section”
In reality, if you and your buddies play blackjack in public, the police may detain you and your companions without a warrant. Also taken away will be your deck of cards. Anyone found guilty of gambling in public faces a fine of up to RM 5,000, up to 6 months in jail, or both.
As stated in section 7(3), it doesn’t matter if you were wagering on something other than money, such as a phone or a watch, or if you used something else to symbolize money, such as peanuts.
You might be wondering whether the police require a warrant to examine locations or individuals that they believe to be typical gaming platforms or customers, respectively. In order to search suspected gambling dens or gamblers, warrants are in reality required.
If a magistrate, justice of the peace, or senior police officer gets written information about a suspected location or individual, they may conduct any required inquiries in accordance with sections 16 and 17 of the Common Gaming Houses Act of 1953.
Then, these decision-makers have the power to issue a warrant allowing them to enter a location, search those within, and seize anything related to gambling.
The Syariah Criminal Offences Enactment 1996 outlines the Syariah law, which the Muslim population in Malaysia must abide by in addition to the secular laws mentioned above.
The Syariah Criminal Offences (State of Penang) Enactment of 1996, for instance, stipulates that if a Muslim is found gambling, they may be punished with a fine of up to RM 3,000, up to two years in prison, or both.
These rules differ from state to state. At Pahang, a Muslim is subject to the same sentence for merely being present at a casino. Each state has its own Syariah gambling laws, which vary slightly from state to state.
Each state also has an Islamic Religious Affairs Department, which among other organizations upholds Syariah law. These rules apply to all visitors, including Muslims.
It’s still gambling if you do it at home
Yes, even though it may sound strange if you and your friends and family play poker at home with money (or other assets) on the line:
- Technically speaking, throughout that time of gambling, your home is a typical gaming platform.
- You and your friends and relatives who took part in the poker game with money technically broke section 2 of the law.
- You might run afoul of Section 7(3) unless you’re utilizing tokens like peanuts for amusement and don’t actually swap them for cash later.
However, there’s still more! Since the majority, if not all, internet gambling sites are housed in other nations, technically, playing online gambling does not violate any Malaysian laws.
In 2017, Malaysia’s Home Minister, Datuk Seri Dr. Ahmad Zahid Hamidi, stated that the country was working to establish preventative measures against internet gambling. We’ll leave you with this incredibly fascinating fact.
Would you believe it, Ipoh is the only other location with a casino license besides Genting Highlands. An old-fashioned Zouk with more vice was similar to the Han Chin Pet Soo, a clubhouse for Hakka Chinese miners. The clubhouse was notorious for being a hangout for triads, prostitution, gambling, and opium use.
Here’s how you can report illegal gambling
Due to the generosity of our friends at the Enforcement Agency Integrity Commission, the PDRM has made a list of phone numbers available for reporting illicit gambling.
Conclusion
The article “Is it against the law for Malaysians to gamble at home? The movie “Hidden Truth” clarifies the laws governing gaming in Malaysia.
Online betting in Malaysia’s legality is still up for debate, despite the fact that land-based gambling is severely controlled and constrained.
The Malaysian government has a tight policy against unlicensed online betting sites and views them as unlawful. It’s vital to remember, nonetheless, that there are authorized internet betting sites accessible in the nation that adhere to the law.
In order to comply with the law, Malaysians who are interested in playing online poker should make sure to do so through platforms that are allowed and controlled. As a result, it’s critical for people to keep up with the most recent laws and select legitimate online betting Malaysia legal platforms.
