Chilean Regulator Does Not Oversee Online Gambling in the Country
The Chilean Comptroller General’s Office issued a ruling on October 29 in response to a citizen complaint concerning the status of online gambling.
Key findings from two official documents confirm that online gambling operates outside the current legal framework, and that the Superintendencia de Casinos de Juego (SCJ) has no authority to regulate or sanction iGaming platforms.
Legal Status of Online Gambling
Both documents emphasize that the existing regulatory framework was established for land-based casinos regulated under Law No. 19.995. Online betting and online games are not included. Based on a review of relevant legal provisions, including Article 63 No. 19 of the Constitution and sections of the Civil and Criminal Codes, commercial gambling activities are only permitted when a land-based casino holds an operating license.
According to the Comptroller, internet-based gambling services remain outside the law and are treated as illegal activity. This conclusion aligns with the Supreme Court of Chile, which previously ordered the blocking of foreign gambling websites.
SCJ’s Duties Regarding Illegal iGaming
Although the SCJ has no power to supervise online gambling, the agency is required to report illegal activity to prosecutors and act through the courts. Its responsibilities are limited to:
- oversight of licensed land-based casinos;
- filing reports on illegal online platforms;
- participating in judicial actions against unauthorized operators.
| Area | SCJ Authority |
|---|---|
| Land-based casinos | Full oversight, sanctions, enforcement of Law No. 19.995 |
| Online betting and gaming | Only a duty to report illegal activity, no regulatory powers |
Background of the Case and Comptroller’s Position
The ruling was prompted by a complaint from a citizen who pointed out the lack of oversight of online betting platforms and requested that the self-exclusion mechanism be extended to them. The SCJ responded that the law does not allow the agency to operate outside the scope of licensed physical casinos.
The Comptroller clarified that self-exclusion applies exclusively to land-based casinos and cannot be extended to virtual platforms. The measure is valid only under the rules governing access to physical casino halls.
Confirmation of the Illegal Status of iGaming
The Comptroller reaffirmed that online gambling operates outside the legal framework. The Supreme Court, in case No. 18.080-2025, previously confirmed that online betting and draws lack legal authorization and ordered the blocking of the involved websites, reinforcing the state’s stance.
The topic of regulation remains open: a bill aimed at creating a legal framework for online betting is currently under discussion in Parliament.
Summary of SCJ’s Actual Powers
Both sources consistently state that the SCJ has no authority to regulate or sanction iGaming platforms, but it must report violations and forward cases to prosecutors. The self-exclusion mechanism applies solely to land-based casinos.