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Online gambling has, to a big extent, brought gambling in from the cold. Up until just recently gambling was perceived as an activity mostly confined to particular social groups. However, online gambling has opened up gambling to a broader customer base and has actually changed gambling into the subject of mainstream socio-legal argument. In particular the concern of whether gambling need to be managed at worldwide level and of what type such regulation need to take has end up being the focus of attention, specifically within the European Union. 1 The reasons online gambling has actually caused increased require gambling regulation might include the wide variety of cultural mindsets towards gambling which can be found within the EU and the fact that the boost in cross-border activity which online gambling has produced has actually highlighted this absence of consensus. However, this paper will focus not on the reasons that regulation has actually been required but rather on the elements which impede regulation of gambling at a worldwide level, especially focusing on regulation at EU level.

The limitations placed on the marketing of gambling differ as between Member States and as in between various types of gambling. The variation in constraints imposed by Member States highlights the absence of consensus as to the threats of online gambling. The divergence in viewpoint centres on the problems of criminality and the increased capacity for dependency produced by online gambling. Since there are yet few research studies on the psychosocial effects of online gambling or on the possible it develops for criminal activity, the impact of online gambling on society is uncertain and a cause for issue, especially since some preliminary small-scale research studies point towards an increased level of problem gambling among online gamblers. Federal governments might fear that countries that export gambling services may also be exporting social costs that other federal governments may need to address without the benefit of the tax earnings traditionally generated by land-based gambling business.

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The very first major barrier to regulation of gambling activity at EU level is the broad divergence in approach to gambling regulation in different Member States and the absence of consensus among them regarding the dangers of online gambling. Although it has been mentioned that most Member State legislation shares typical functions such as the protection of minors and the control of addiction and compulsive behaviour, the level to which each Member State restricts the arrangement of gambling services to fulfil these shared goals varies considerably.