Quebec’s Controversial Online Gambling Website Blocking Law Challenged

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  • Canadian Wireless Telecommunications Association files motion with Quebec Superior Court to block the website blocking efforts by Loto- Québec
  • Australia’s attempts at blocking online poker and porn sites in 2009 resulted in several legitimate businesses appearing on the black list including churches
  • Current law states that Canadian Radio-television and Telecommunications Commission must approve any control of content
  • Individual companies like Emirates Airlines have created their own broad black lists to block gambling-related sites only to block other unrelated websites in the process

A Quebec law that would likely have blocked most online gambling sites (and presumably those that even promote the activity) has now been challenged by The Canadian Wireless Telecommunications Association.

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The Canadian Wireless Telecommunications Association, which is comprised of Vidéotron, Rogers Communications Inc., Bell and Telus Corp, filed a motion with the ­Quebec Superior Court against Bill 74.

That measure would have granted the power to the province’s gambling monopoly, Loto- Québec, to compose a list of websites it wanted Internet Service Providers (or ISPs) to block.

The approved bill would have gone into effect by year’s end.

It wouldn’t be the first time that a non-Communist government had set forth to censor the Internet.

In 2009, the Australian government attempts to block porn sites had politicians red-faced as legitimate websites, including a popular dental business.   

The whistleblower site Wikileaks published the top-secret Australian Communications and Media Authority list.  Also included on the list was a tour provider, a large number of legal online poker sites, Wikipedia entries and even a handful of churches.

From the Financial Post:

The federal Telecommunications Act states that unless the Canadian Radio-television and Telecommunications Commission approves otherwise, “a Canadian carrier shall not control the content or influence the meaning or purpose of telecommunications carried by it for the public.” It is for this reason that CWTA says the section of the law should be stricken down.

“As we had previously expressed to the Quebec government, the provisions in the Act would put ISPs and wireless service providers in conflict with Section 36 of the federal Telecommunications Act which governs ALL telecommunications in Canada,” CWTA Vice-President Marc Choma, said in a statement. “As well, we have always maintained, and as has been confirmed by the courts in previous instances, telecommunications is the sole jurisdiction of the federal government and must remain so.”

“Presumably because websites like Gambling911.com, PokerNews.com, Covers, and the like feature advertisements for online gambling websites that Loto- Québec deem worthy of blocking, there is no telling the scope of such a black list,” suggests Chris Costigan, Publisher of the Gambling911.com website.

Gambling911.com, which is based out of Lloydminster, Alberta, Canada, has been monitoring the matter closely. 

“Emirates Airlines serves as a perfect example of how this type of website blocking can go awry,” Costigan points out.  “In an attempt to prevent passengers from gambling online, they not only block news and information websites like Gambling911.com and PokerNews.comm, the airline also blocks nearly every sports handicapping and stats website.

“What’s to stop Loto- Québec from adding Google, Yahoo and ESPN to their black list,” Costigan questions. 
- Gilbert Horowitz, Gambling911.com

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