Title: The Supreme Court of Appeal's judgement on online casino gambling: a means to an end

Authors: Phillemon Makakaba

Addresses: Department of Mercantile Law, College of Law, University of South Africa, P.O. Box 392, Muckleneuk, South Africa

Abstract: This paper highlights the danger which the online casino gambling players are likely to face in view of the nature of activity itself and the use of internet. The paper focuses on the foreseeable risk of online behavioural advertising (OBA) by way of cookies which is likely to infringe the online casino gambling players' online right to privacy. The author argues that online casino gambling players are consumers whose rights to privacy must be protected by the Constitution of the Republic of South Africa Act 108 of 1996, the Electronic Communications and Transactions Act 25 of 2002, the Consumer Protection Act 68 of 2008 and the Protection of Personal Information Bill 9 of 2009 (the 'PPI'). The paper further gives the latest development of OBA in Europe. Acknowledging the PPI as a welcome piece of a bill, the paper finally brings the regulatory consideration of OBA by way of cookies.

Keywords: online casino gambling; online gambling; behavioural targeting; online behavioural advertising; OBA; online advertising; PPI; protection of personal information; internet; cookies; online privacy; Supreme Court of Appeal; South Africa; right to privacy; privacy protection.

DOI: 10.1504/IJPL.2014.059073

International Journal of Private Law, 2014 Vol.7 No.1, pp.53 - 68

Published online: 13 Sep 2014 *

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