Gambling In Israel
The State of Israel occupies a small territory, bordering with Middle Eastern countries like Syria, Lebanon, and Egypt. The country is home to 8.6 million people as of 2020, with a gross domestic product (GDP) per capita of US$43,641 in 2019. Israel’s residents get to enjoy a high living standard, which can be partially attributed to well-developed economy sectors like the tourism sector and the industrial export sector.
The high-tech sector and science-based industries also have a major contribution to the growth of the Israeli economy over the past three decades. The country has a significant output when it comes to manufacturing electronics, software, computer technologies, and advanced systems for communication.
Gambling in Israel is prohibited under the Israeli Penal Law 5737-1977. This law is broad-sweeping and penalizes games of chance, lotteries, and betting. It also makes it illegal to operate venues where these activities occur. However, that doesn’t mean there are no forms of legal gambling in Israel. The only accepted forms of gambling are state-owned: One land-based lottery and one bookmaker, Winner Israel. There is no designated gambling regulator, just the ISBB (Israel Sports Betting Board), which oversees gambling and operates under the Ministry of Finance. Gambling is tightly regulated in Israel and mostly falls under the control of the government. Traditional land-based casinos are prohibited but cruise ships are able to host gambling at certain times each day.
Considering all this, it is anything but surprising many companies that hail from Israel are engaged in the provision of online gambling platforms. Israel is the country of origin of famed entrepreneur Teddy Sagi, who founded one of the most accredited gambling software companies in the world, Playtech.
Not surprisingly, one of the offices of the renowned software giant is located in the heart of the country’s largest hi-tech hub, Tel Aviv. The latter, being a major technological center, is also home to the offices of established online gambling brands like 888.
William Hill, another major player on the gambling scene, had a very successful partnership with Sagi’s Playtech and operated an office in Tel Aviv until it eventually relocated to the United Kingdom in June 2017.
The country has established itself as a major supply-center for interactive gaming, with a substantial share of over $90 billion in this industry as of 2015. Oddly enough, not all forms of gambling have been legalized by the state. This article by SuperCasinoSites expands on the legal forms of gambling in Israel, on who regulates them, and how.
Israel’s Legal Forms of Gambling and the Laws Governing Them
Legal gambling is anything but thriving in Israel since most forms of these activities are expressly prohibited by the local laws. Casino games with fixed odds, such as slots, blackjack, casino-banked poker, and roulette, are strictly disallowed in both digital and landbased form.
Live and tournament poker is also not permitted under the local legislation. Israeli law still considers it a form of casino gambling and therefore, prohibits it, although this type of game is not expressly defined by the local legislation. However, Israeli legislators have debated its status in the past, and more specifically toward the end of 2018.
The majority of the judges in the country’s high court opined that this type of game should not be considered a prohibited form of gambling since it involves both chance and skill, especially where tournament poker is concerned. The matter was discussed during Civil Appeal (Supreme Court) 476/17 Amit Amishvili Rafo vs. Assessing Officer Tel Aviv 4 in October 2018.
The appeal was issued by a poker player who participated in tournaments held outside of the country. The case had to do with the taxation of his earnings. The high court ruled in favor of the player and most judges expressed the opinion tournament poker should not be treated as a chance game (page 227). Nevertheless, these remarks were expressed in obiter dictum and therefore, were not legally binding as a precedent.
Yet, there is still a silver lining for poker fans based in Israel. Toward the end of 2018, one of the members of the National Liberal Movement (aka the Likud), Sharren Haskel, proposed a new piece of legislation that aims to bring legal and regulated tournament poker on Israeli soil. The bill has not yet been voted into law, though.
Bingo is another form of gambling the local legislation prohibits in online and landbased form. According to the Israeli laws, this is a form of lottery and as such, it cannot be offered legally, not even by the state lottery. The lottery-style game of keno was initially permitted in a brick-and-mortar form but was outlawed back in 2018. There are no specific regulations on social gaming and therefore, offering and engaging in such activities is neither legal, nor illegal.
All these restrictions narrow down the list of legal gambling forms to two activities, the first one being sports betting. Legal wagers can be placed on sports both online and offline. Online and landbased wagering on the outcomes of sporting events is permissible under local law but is heavily monopolized.
The only entity that has the legal right to operate and accept sports wagers in a digital or offline form is the Israeli Sports Betting Board, abbreviated as ISBB. Legal wagering on horse racing was officially launched in the country in the fall of 2013 via the ISBB Racer application. However, it lasted for a short period and was discontinued by the Ministry of Finance in both digital and landbased form in 2018. As for online sports betting, Israelis can punt on the official ISBB website Winner.co.il.
Lotteries are the second form of legal gambling in the country and enjoy huge popularity among the locals. Lotteries are regulated by the Israeli Ministry of Finance. The latter is mandated with the oversight of the services provided by the National Lottery of Israel, locally known as Mifal Hapayis.
The latter presently does not offer its services in a digital form, though. Mifal Hapayis is currently authorized to offer weekly lotteries, raffles, and scratchcards. Bar the above-mentioned exemptions, all other gambling activities are disallowed under the provisions of the country’s Penal Law 5737-1977.
On a side note, trading with binary options is not considered a form of gambling in Israel as is the case in other jurisdictions. This activity falls under the scope of the local securities legislation and is not governed by the Penal Law. Nevertheless, Israeli citizens are not permitted to trade binary options with people who are based outside the country.
Penal Law 5737-1977
Gambling is subject to discussion in Part II, Chapter 8, Article 12, page 73 of Law 5737-1977, entitled Prohibited Games, Lotteries, and Betting. Under Article 12, the definition of a prohibited game is one where an individual can earn monetary prizes or other benefits, depending on the outcome of the game. Said outcome is based predominantly on chance rather than on understanding or skill.
Article 12 also tackles the prohibition of lottery games and other betting activities. It states that if an individual is caught organizing or running such prohibited games, they are liable to monetary sanctions or in the worst-case scenario, to imprisonment of up to three years. As for the fines, these can reach up to ₪452,000 per violator.
Section 235 of Article 12 (page 76) discusses the confiscation of illegal gambling-related equipment such as gambling machines and illegally printed lottery tickets. If the Israeli Court deems fit, such equipment is confiscated in favor of the Treasury under the provisions of the country’s Criminal Procedure Law 5725-1965.
As for individuals who are caught engaging in prohibited gambling activities, they are at risk of being fined or facing jail time with a maximum duration of one year. A similar punishment awaits those who are guilty of printing and distributing illegal lottery tickets.
Article 12 also explains that venues hosting illegal card games or offering gambling machines will be closed by a district police commander of the state police force. Certain exceptions are made under section 230 of Article 12 of Law 5737-1977 (page 74).
The above prohibitions do not apply in cases where the conducted games are intended for a certain circle of individuals and used only for entertainment purposes. This basically means Israeli residents can gamble between themselves recreationally without the fear of prosecution.
Sports Betting Regulation Law 5727-1967
Israel has legal forms of sports wagering in both digital and brick-and-mortar form. When sports betting was first legalized, Israeli punters could wager solely on football games. The list of options gradually expanded over the years, with betting on basketball matches being added in 1996. A decade and a half later, local bettors were allowed to place wagers on several other sporting activities, both local and international.
Online and terrestrial forms of sports wagering are regulated in Israel under the provisions of Sports Betting Regulation Law 5727-1967 (page 142), enacted in 1967. The passage of this piece of legislation also laid the foundations for the establishment of the Israeli Sports Betting Board (ISBB), tasked with the responsibility of organizing, conducting, and regulating wagering on sports events on local soil.
The board members of the ISBB are appointed directly by the Israeli Ministries of Finance, and Education and Culture. Many of the provisions of Law 5727-1967 deal with the responsibilities and the scope of authority delegated to the ISBB. For the time being, ISBB is allowed to provide a limited range of sports wagering activities.
Licensing Process, Taxation, and Minors Protection
In the State of Israel, permits for gambling activities are issued only to the state-owned National Lottery (Mifal Hapayis) and the Israeli Sports Betting Board (ISBB), allowing them to legally provide lottery products and sports wagering, respectively. Both licensees fall under the regulatory scope of the Israeli Penal Law 5737-1977 and the Sports Betting Regulation Law 5727-1967. There are no procedures for commercial licensing under Israeli legislation.
The Mifal Hapayis license expires and has to be renewed every five years. The license granted to the ISBB is perpetual in the sense it has no expiration date and does not require renewal. No other permits are granted and therefore, offshore gambling operators cannot legally penetrate the Israeli gaming market for the time being.
ISP providers in the country were initially instructed by the Israeli government to block the websites of foreign-based gambling operators that target local players. However, this was later overturned by the country’s high court. The year 2017 saw the passage of the Powers to Prevent the Commission of Offences by Means of an Internet Website Act 5767-2017.
This piece of legislation allowed district court judges to instruct ISPs to restrict the access to offshore gaming sites when requested by the local police authorities. Three websites were blocked in the following year. As for taxation, Israelis can be taxed for profits generated via legal gambling activities.
As much as 35% is deducted from their earnings annually provided they exceed the amount of ₪61,000. The rates for sums ranging from ₪30,500 and ₪61,000 are incremental. However, this should be a concern primarily to professional sports bettors or lottery winners who generate more substantial yearly winnings.
Small-scale gamblers are exempt from paying taxes whenever their annual profits are under ₪30,500. This amount was previously higher at ₪50,000 but was reduced by the local legislature at the beginning of 2019. Another thing worth mentioning is that non-cash prizes are granted to the winners only on condition the latter had paid the required sum in withholding taxes.
After the case with Civil Appeal 476/17, the Israeli lawmakers introduced some changes to the taxation procedures. They determined that the earnings of professional tournament poker players generated outside the country should be taxed as actual income rather than as gambling-related profits.
As for the legal gambling age in the country, Israeli citizens must be 18 years old or above to legally engage in permitted gambling activities. This was not the case before 2007 when Mifal Hapayis tickets could be sold to individuals under 18. However, the law was changed to prohibit this.
Under Section 231A. (a) of Chapter 8, Article 12 of the Israeli Penal Law (page 75), selling lottery tickets and providing sports betting services to minors are criminal offences and as such, are punishable. Individuals caught in this transgression are liable to imprisonment of half a year. Additionally, people who sell or distribute such tickets or services must require customers to provide a document for personal identification to confirm they are of legal gambling age.
Israel Gambling Regulators
The gambling sector in Israel is monopolized, with foreign operators not having the option to apply for local licenses. Two state-owned bodies operate and oversee the allowed gambling activities in the country.
Mifal Hapayis
The first one being the Mifal Hapayis. This is Israel’s National Lottery which falls under the regulatory scope of the Ministry of Finance.
Mifal Hapayis is a massive state-owned organization whose revenue in 2012 reached an impressive ₪5 billion. The National Lottery’s beginning dates back to the early 1950s when it was founded in Tel Aviv. The organization is very active when it comes to supporting Israeli establishments, with a substantial part of its revenue going toward the funding of schools, youth centers, sports halls, and children’s hospitals.
One example comes from the year 2007 when the Lottery awarded ₪1.1 billion from its overall annual revenue (₪3.8 billion) for the funding of different social projects. The remainder was used to pay out the winners. Mifal Hapayis is authorized to provide weekly lottery games and similar number games, scratchies (known as Hish Gad in Israel), and card-based chance games that use short decks.
Is There Gambling In Israel
The latter are not your typical casino card games, though. Instead, participants must pick one card of each of the four suits. A lottery representative would then pick four more cards, one of each suit, and award prizes if there are one or more matches.
The Israel Sports Betting Board
The Israel Sports Betting Board (ISBB, also referred to as Toto), it was established back in 1967 after the passage of Sports Betting Regulation Law 5727-1967. This is a statutory organization with around 160 employees and an annual turnover of more than US$816 million for the year 2018. The entity recently launched a new project in partnership with the Israeli Ministry of Culture and Sport.
As much as ₪5.5 billion will be poured into building various sports centers around the country over the next ten years. The statutory corporation has eighteen board members from the public, governmental, and sports sectors. A substantial portion of the ISBB revenue is used for the advancement of the country’s sports sector.
ISBB is authorized to provide landbased sports betting but it also accepts online wagers via its Winner domain. It offers fixed-odds daily sports betting on football and basketball games as well as weekly betting. The corporation has membership in global sports organizations such as the World Lotteries Association (WLA) and the European Lotteries Organization (ELO). The same goes for Mifal Hapayis.
Responsible Betting and Advertising Policies
Given how conservative Israel’s stance on gambling is, it only makes sense the country is very strict when it comes to ensuring responsible gaming. Mifal Hapayis must adhere to certain policies that aim to prevent problem gambling. On top of that, the National Lottery must annually contribute a portion of its revenue toward researching and treating gambling addiction and its harmful effects on the Israeli society.
As much as 3.5% of Mifal Hapayis’ yearly promotional budget is spent on various campaigns that deal with prevention, finding, and treating gambling addicts. Additionally, Mifal Hapayis is expected to publish information about responsible gambling on its official website, which it does. Customers who purchase lottery tickets in terrestrial outlets are also warned about the risks of addiction.
With that in mind, lotteries and sports wagering cannot be advertised on television, in newspapers, and so on. Chapter 8, Article 12, Section 227 of Penal Law 5737-1977 (page 74) states that “If [a person] printed or published an announcement about a lottery or betting, then he is liable to one year imprisonment or to double the fine of [₪67,300]”.
There aren’t many legal gambling options available in Israel. The options that are available, however, are more popular than ever before. Many are now calling for online gambling in Israel to finally become legal and regulated.
Gambling has been a hot topic in Israel for years. Most agree that the country would earn millions in additional revenue each year with legalization of the internet gambling industry. Let’s look at the current set of laws here, and the chances of it becoming legal.
Land-Based and Online Gambling Laws in Israel
The specific legality of online gambling in Israel lies in somewhat of a gray area. The main legislation used to regulate the gambling industry here is the Israeli Penal Law 5737 of 1977. Under these set of laws, only limited forms of sports betting and the lottery are legal.
Unfortunately, Penal Law 5737 does not specifically mention the legality of online gambling. In 2005, Israel’s Attorney General claimed that all forms of internet gambling are illegal, and that verdict seems to have stuck.
There is, however, still confusion over the legality of gambling through websites based overseas. Many of the best online gambling sites in Europe are available in Israel. The government has no way to monitor and tax these websites.
Land-based casino gambling is completely banned as well. This has led to many illegal, underground casino venues to open up.
It’s clear that gambling laws in Israel are outdated. Thousands of individuals and several powerful politicians in the country are now calling for a change to the regulations.
Online Gambling in Israel Is More Popular Than Ever
A ban on internet gambling isn’t unique to Israel. Many countries around the world have deemed it illegal. As you might expect, a huge number of people in these countries still choose to make bets over the internet, despite laws against it.
This is certainly the case in Israel. Many individuals here play casino games and make sports wagers online every single day. As we just mentioned, most of this is done through foreign gambling sites.
Some lawmakers in Israel have looked at the UK as a gold standard for online gambling regulations. The United Kingdom has one of the largest and most successful internet gaming markets on the planet. This industry helped to bring in millions of dollars via taxes every year.
Even the UK has its own issues with this industry, though. Gambling addiction is on the rise, prompting the government to launch a “National Strategy” to set new regulations on the industry.
Fortunately, Israel’s government is finally beginning to take a closer look at online gambling legislation.
Israel Deems Poker a “Game of Skill”
Under Israeli law, all forms of gambling that are a “game of chance” are illegal. In the past, this applied to most forms of sports betting and casino gaming. In January of this year, Israel’s Supreme Court ruled that poker is a game of skill.
Almost immediately after, Sharren Haskel, a member of the Knesset for Likud, proposed a new bill to make poker tournaments legal. This would also make poker legal inside licensed gaming establishments. The passing of this bill would even make online poker in Israel legal!
This isn’t the first time that lawmakers here have worked to allow casino-style gambling. In 2015, Prime Minister Benjamin Netanyahu proposed plans for a casino in Eilat. These plans were eventually shut down.
Plans to fully legalize poker are ongoing. If approved, full-fledged online gambling may be just around the corner. It’s an exciting time for gambling fans here.
Do you think Israel should legalize online gambling? Will it happen in the next five years? Let us know in the comment section below!
Israeli Lottery
