B1238.2 - Regulation of Lootboxes Bill

A01

3) A loot box may not be purchased with a credit-card (as ordinarily defined).

a) A company that allows for the purchase of a loot box with a credit-card may be subject to a fine of not more than 5% of UK revenue for systemic violation to be levied by the Digital Competition Commission as specified in the Digital Competition Act 2019.

Explanatory note: Restoring this amendment that was repealed in the Lords for absolutely no reason. Use of credit cards for gambling is already banned in the UK - and this will ensure that the application of this is consistent.

Amendment submitted by /u/Rea-wakey

A02

section 3(1)

Repeal "This Act may be cited as the Regulation of Loot boxes Act 2021", substitute "This Act may be cited as the Online Gambling (Loot Boxes) Act 2021)".

Accurate Act titles are important.

Amendment submitted by /u/cocoiadrop.

A03

Section 2: Omit "PEGI 16", Substitute "PEGI 18"

Explanatory Note The intent of this amendment as drafted by myself is to reflect the concerns of the psychological impact of lootboxes as a commodity on those who are playing a game. While the argument with respect to the legal definition is still contested, many instances of loot boxes in their current form, meet the Five definitions associated with Gambling, as stated by Mark Griffiths: * The exchange of money or valuable goods. * An unknown future event determines the exchange. * Chance at least partly determines the outcome. * Non-participation can avoid incurring losses. * Winners gain at the sole expense of losers. Therefore, I propose we treat the classification standard as equivalent to Gambling, restricting those under 18 from participating.

This amendment was submitted by /u/mikiboss

A04

In Section 1, after "loot box", introduce;

" Self exclusion - An action in which an individual voluntarily surrenders their ability to engage, purchase or otherwise interact with a product or service."

After Section 2, introduce;

"Section 3: Self exclusion

1. ⁠A self exclusion program for "Loot Boxes" shall be established within six (6) months of this section becoming active.
2. ⁠The Lootbox Self Exclusion Program (otherwise referred to as LSEP) shall be established under the relevant department of Media.
3. ⁠Any individual over the age of eighteen (18) who wishes to self exclude themself from the ability to access loot boxes may write to the LSEP requesting a self exclusion order be made.
4. ⁠An individual may select how long they wish for a self exclusion order to be imposed for, ranging initially anywhere from six (6) months to five (5) years.
5. ⁠If the individual does not make a selection, the legal default shall be two (2) years.
6. ⁠The individual may revoke their self exclusion order within two (2) weeks of it taking place. If an individual has not written or requested to the department wishing to revoke their self exclusion order within this timeframe, a request may only be made again after a period of one (1) year has elapsed since the self exclusion order was activated.
7. ⁠An individual may select if they wish for the self exclusion order to be imposed upon a specific game, company, group of games or companies, or industry as a whole.
8. ⁠An individual may request that the scope of the self exclusion order be broadened, but not lowered apart from the provisions in this Act.
9. ⁠Companies or games subject to an individual's self exclusion order shall be notified within fourty-eight (48) hours of the self exclusion order taking place, and any alterations or cancellations to the self exclusion order taking place.
10. ⁠Companies or games subject to an individual's self exclusion order must implement expected provisions to enact the order within a maximum of fourty-eight (48) hours of the order being received by the company or game.
11. ⁠An individual's self exclusion order is considered protected, and is subject to relevant privacy acts and regulation, beyond any need of enforcement.
12. ⁠Any company or game that does not meet the requirements and enforcement of a self-exclusion order may be subject to civil or criminal legal proceedings.
13. ⁠The Secretary of State may, by Statutory Instrument, amend the penalty for not meeting the requirements. Until otherwise specified, the daily fine for breaching these measures is £500.
14. ⁠Any company or game that refuses to enact these provisions will not be allowed publication within the United Kingdom.
15. ⁠Any individual subject to a self exclusion order may not breach any provision within it
16. ⁠Any individual subject to a self exclusion order who deliberately breaches any provision will be mandated to undergo multiple psychological and psychiatric appointments in order to support the individual involved.
17. ⁠All individuals subject to a self exclusion order must be given access to mental health and addiction support
18. ⁠The LSEP has the authority to limit, block or ban the access of an individual who is subject to a self exclusion order to, but only upon repeated violations of this act;

18a) The game in which the offence was made; or

18b) Any game in which loot boxes are a mechanic

In Commencement, full extent and title, omit the whole section, substitute;

"1) This Act may be cited as the Regulation of Loot boxes Act 2021

2) This act (excluding Section 3) shall come into force six months after receiving Royal Assent

3) Section 3 of this act shall come into force immediately after receiving Royal Assent

4) This Act extends to the whole of the United Kingdom."

Reorder sections accordingly

Explanatory Note This amendment, initially drafted by The Baroness of Motherwell, seeks to set out to establish a formalised self-exclusion program for loot boxes. This self-exclusion program will allow those struggling with lootbox related addiction to voluntarily surrender their ability to engage in related material or services and put their name forward for support in facing their addiction. I must stress that this program is voluntary. There are successful examples of similar programs being successful when properly enforced in Australia, and thus additional measures are implemented in order to ensure full compliance across the related gaming industry is followed. Punishments on the individual themself are decriminalised, and only require further support or possible suspension from the products in order to support the individual in their fight against addiction. Additional amendments outside of Section 3 allow for proper implementation to take place to ensure a smooth industrial transition to this new program. The early activation after royal assent ensures that the scheme is fully established by the time the provisions of this entire act are enforced, thus allowing effective and efficient implementation.

This amendment was submitted by /u/mikiboss.

This division will end at 10pm on 5th October 2021.