Is online gambling legal in Nauru?

Legal overview

Gambling in Nauru is governed by the Gaming Act 2011 (Act No. 17 of 2011), certified on 3 November 2011 and in force since 3 December 2011, together with the Gaming Regulations 2011 as amended in 2016. Under section 3, any game of chance, or of mixed chance and skill, in which money or anything of value is staked or offered as a prize is an unlawful game unless it is exempt. Exempt games include those run under a gaming licence or authorised by another written law, private non-commercial games, and raffles or karti with total prizes below a prescribed amount.

Licences are granted by the Secretary, the head of the responsible department, and decisions can be reviewed by the Minister. Section 5 lists five licence types: bingo, betting on sports or other events, lotteries, gaming machine games and table games such as roulette, blackjack and poker. Licensees must make sure every participant is at least 18. The fee schedule replaced in 2016 is set per single event or per premises for 12 months, and neither the Act nor the regulations mention internet or online gaming, so there is no Nauruan licence for online casinos.

The Act is strict on unlicensed gambling. Arranging or conducting an unlawful game or unlawful betting can bring a fine of up to $50,000 and two years in prison (sections 17 and 18). A person who takes part in an unlawful game or bet knowing it is unlawful commits an offence carrying up to $10,000 and six months (section 21). Advertising or promoting unlawful gaming carries the same penalty (section 20). An online casino run by an unlicensed offshore operator therefore falls within the definition of an unlawful game for players in Nauru, although the Act does not refer to the internet expressly.