UKGC Hides List of 'Special Measures' Operators
Regulator confirms it holds a list of operators requiring 'key improvements' but refuses to publish it, citing regulatory concerns.
The UK Gambling Commission has refused a Freedom of Information request to release a list of gambling operators placed under 'special measures' for compliance failings. The regulator argued that disclosure would undermine its ability to carry out its functions effectively, leaving consumers unaware of which companies are under increased scrutiny.
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The UK Gambling Commission (UKGC) is withholding a list of licensed gambling operators that it has placed under “special measures” for compliance failings, a Freedom of Information (FOI) response has revealed.
In a request dated 30 November 2024, the regulator was asked to provide an up-to-date list of all operators subjected to this increased scrutiny and the periods for which it was applied. While the Commission confirmed it holds this information, it refused to disclose it, citing exemptions under the Freedom of Information Act.
This means consumers are unable to know which companies have been identified by the regulator as needing to make “key improvements” to become compliant with UK licensing laws.
Why Was the Information Withheld?
The UKGC explained that “special measures” is a regulatory tool used to bring operators who have failed to meet standards back into compliance as quickly as possible. The goal, according to the regulator, is to protect consumers and reduce the risk of crime.
The Commission invoked Section 31 of the FOIA, which protects information if its disclosure would likely prejudice a public authority's ability to exercise its functions. The UKGC argued that releasing the names of operators under special measures would:
- Undermine Investigations: Disclosure could impact the Commission's ability to conduct enquiries and investigations into non-compliant operators.
- Discourage Cooperation: The regulator stated it relies heavily on the voluntary provision of information from licensees. It fears that publishing the list would make operators less willing to cooperate and share information openly, potentially causing delays and increasing costs.
- Allow Operators to 'Game the System': The UKGC expressed concern that non-compliant operators could use the information to “alter their behaviour specifically to meet the Commission’s standards purely for assessment purposes,” rather than embedding genuine, long-term compliance.
The Public Interest Test
The Commission acknowledged a public interest in transparency and accountability, which would allow consumers to make more informed choices. However, it concluded that the public interest was better served by withholding the information.
In its reasoning, the UKGC stated that there is a “strong public interest in preserving the processes that the Commission uses to assess licensees.” It argued that public trust relies on the robustness of its regulatory procedures and that releasing this specific information would undermine confidence in its methods.
The regulator believes that the proactive publication of its Licence Conditions and Codes of Practice (LCCP) and other guidance documents already provides sufficient transparency regarding the standards operators are expected to meet.
Significance for Consumers
The decision highlights a significant information gap for UK consumers. While the UKGC is actively monitoring and working with operators that have demonstrated serious failings, the public is not privy to which companies fall into this category.
As a result, customers may be betting with an operator that the regulator has deemed to require intensive remedial action, without any public indication of the underlying risks or compliance issues that triggered the intervention.