Is online gambling legal in Fiji?

Legal overview

Gambling in Fiji is governed by the Gaming Decree 2009 (Decree No. 34 of 2009), which repealed the old Gaming Act (Cap. 273). Section 4 makes all gaming illegal unless it is exempt, specifically exempted by the Minister or licensed, and the responsible Minister is the Attorney-General. Class 1 licences cover charitable gaming and are issued by Divisional Commissioners or the Solicitor-General depending on prize value; Class 2 licences cover commercial gaming, including ticket lotteries for up to 15 years, and are issued by the Attorney-General. Casino games were prohibited except at charitable Class 1 events, and the Gaming (Amendment) Decree 2012 allowed licensed gaming machines and gave the Minister power to issue an exclusive casino licence.

Online gambling is ruled out by the decree itself. Remote interactive gaming, defined as gaming through the internet, radio, telephone, television or other remote technology, needs a Class 2 licence and may be offered only by telephone, radio, television or other prescribed media; section 27 states that in no circumstances may such a medium be used in conjunction with the internet. Running an unlicensed remote gaming operation carries penalties of up to FJD 10,000 and five years' imprisonment, and helping to run one up to FJD 5,000 and two years.

Players are also liable. Section 29(4) makes taking part in unlicensed remote interactive gaming an offence with penalties of up to FJD 5,000 and two years' imprisonment, and buying a ticket in an illegal lottery is a separate offence. Offshore online casinos, poker and betting sites therefore have no lawful basis in Fiji. The decree sets no general minimum age for players, although lottery tickets may not be sold by anyone under 18.