1.1 Which entities regulate what type of gambling and social/skill gaming activity in your jurisdiction?

Relevant Product

Who regulates it in digital form?

Who regulates it in land-based form?

Gaming

Casino gaming (including slots and casino table games such as roulette & blackjack)

Prohibited.

Japan Casino Regulatory Commission (the “Commission”).

Poker

Bingo

Betting

Betting

Only online betting on horse races, bicycle races, motorcycle races and motorboat races operated and self-regulated by the Japanese government or municipal bodies is permitted.

Only land-based betting on horse races, bicycle races, motorcycle races and motorboat races operated and self-regulated by the Japanese government or municipal bodies is permitted.

Sports/horse race betting (if regulated separately to other forms of betting)

Same as above. Recently, there have been on-going discussions within the Japanese government with regard to legalising sports betting.

Fantasy betting (payment to back a ‘league’ or ‘portfolio’ selection over a period of time, for example in relation to sport or shares)

While there have been discussions with regard to legalising fantasy betting, it is, in principle, prohibited, except when a third-party sponsor provides the prize.

Lotteries

Lotteries

Lottery tickets may only be issued by municipal bodies (i.e., prefectures and government-designated cities) via the Internet. The Sports Promotion Lottery (toto/BIG) is issued by Japan Sports Council under the supervision of the Ministry of Education, Culture, Sports, Science and Technology (“MEXT”).

Lottery tickets may only be issued by certain municipal bodies and the operation is delegated to certain banks. The Sports Promotion Lottery (toto/BIG) is issued by Japan Sports Council under the supervision of MEXT.

Social/Skill arrangements

“Social” gaming with no prize in money or money’s worth

Not specifically regulated.

Skill games and competitions with no element of chance

Not specifically regulated, but excessive prizes might be banned by the Consumer Affairs Agency or the Fair Trade Commission under the Act against Unjustifiable Premiums and Misleading Representations.

1.2 Specify: (i) the law and regulation that applies to the Relevant Products in your jurisdiction; and (ii) – in broad terms – whether it permits or prohibits the offer of Relevant Products to persons located in your jurisdiction.

For many years, all gaming activities operated by any private sector, either in digital form or in land-based form, were prohibited as criminal offences under the Penal Code. However, the Integrated Resort (“IR”) Promotion Law and the IR Implementation Law were enacted in 2016 and 2018, respectively. Under these statutes, gaming activities to be conducted by licensed casino business operators in land-based form within IRs are legalised. Meanwhile, online gaming activities are still prohibited if they are conducted within Japan. Betting on horse races, bicycle races, motorcycle races and motorboat races and sales of lotteries and sport promotion lotteries are operated by the public sector or quasi-public sector in land-based form, while such betting or purchase of lotteries may be made via the Internet. Recently, there have been on-going discussions within the Japanese government with regard to legalising sports betting. There are no statutes specifically regulating social/skill games either in digital form or in land-based form.