The Supreme Court of Chile has ruled that telecommunications providers must prevent access to not just the primary gambling websites but also their secondary sites. This ruling significantly strengthens the government’s efforts to eliminate illegal online gambling from Chile.
Previously, a ruling from the Appeals Court of Santiago stated that the telecommunications companies had complied with their obligations. The Appeals Court concluded that the telecommunications companies had successfully blocked access to the primary domains of gambling operators.
The case itself arose out of a legal action attempting to compel major telecommunications companies like Claro, Entel, GTD, Movistar, WOM, and VTR to prohibit access to the gambling websites that are currently illegal in Chile.
While the telecommunications companies complied with the orders to prohibit access to the primary URLs, the companies claimed that blocking access to the secondary websites would be technically challenging and would create potential for unintended disruptions to other internet services. The Appeals Court agreed with that argument, upholding the Appeals Court’s decision to enforce the orders against the primary domains only and closing the case.
The Supreme Court did not agree with the reasoning of the Appeals Court. The Supreme Court determined that the enforcement of the prior rulings had not been sufficiently enforced leading to continued availability of unauthorized gambling activity due to an incomplete implementation of the original orders.
Additionally, the Supreme Court pointed out an additional error in the Appeals Court’s ruling; the lower court ruled that enforcing the orders would be impracticable while simultaneously indicating that the matter was closed and complete.
In a notable move, the Supreme Court upheld a complaint against the appellate judges, citing “serious fault or abuse” in their handling of the case. This underscores the court’s strict stance on ensuring effective enforcement in matters involving unauthorized digital activity.
The case has now been sent back to the Court of Appeals for reconsideration, with explicit instructions to ensure full compliance with blocking measures.
Under the revised interpretation, telecom companies are now required to:
- Identify and block mirror and alternative domains used by gambling platforms
- Ensure that restrictions go beyond primary URLs
- Implement more comprehensive technical measures to prevent circumvention
- Broader Implications
By mandating the blocking of both primary and mirror gambling sites, Chile’s Supreme Court has set a new precedent in digital enforcement. The decision reflects a shift toward stricter oversight and signals that partial compliance will no longer be sufficient in addressing unauthorized online gambling.
