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【律师观点】诺诚律师解读棋牌“620”监管新通知

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昨日,一则关于棋牌监管的新闻引起棋牌游戏圈的关注,众多消息层出不穷。诺诚律师根据目前法律法规,结合团队实务经验,对于《涉赌棋牌类网络游戏专项整治行动的通知》的内容做如下法律解读。

一、对于房卡及俱乐部模式并非一刀切否定,而是要求企业加强自审自查,做好禁赌工作。

《通知》指出要对游戏内设置俱乐部、战队、工会等进行特定群体内部对局、使用房卡模式邀请特定玩家进行对局的牌类游戏进行自审自查,重点是审查涉赌行为。

从通知内容可以看出,文旅部并非对房卡模式、俱乐部模式进行一概否定,而是要求企业进行严格监管,进行内部合规,严控涉赌行为。另外,通知对于俱乐部、战队、工会的描述更类似于“德扑圈”、“德友圈”中的“俱乐部”,主要目的是防止抽水行为。

因此,本次《通知》绝不是一概否定房卡模式,而且督促企业加强监管,诺诚律师团队建议对房卡模式采取如下自审自查措施:

1、游戏内平台应当在游戏显眼及游戏积分结算处放置禁止赌博的声明,时刻表示游戏仅是娱乐不能用于赌博。

2、游戏平台应加入违规举报功能,提供玩家举报违规赌博的入口。

3、游戏平台应对俱乐部模式进行专项合规,禁止俱乐部聊天信息等功能,注意俱乐部宣传时的用语,以免构成明知赌博的风险。

4、游戏平台加强玩家、代理的实名认证工作,以应对文化执法大队的检查。

5、游戏平台应发布自审自查公告,冻结部分违规代理、玩家、俱乐部,并对外公告,发布禁赌声明。

二、对于金币场,通知要求严禁反向兑换、抽水及银商变现

本次整治将重点放在棋牌游戏中涉及反向兑换变现的行为,包括禁止直接提供游戏币兑换现金或大额实物回兑,禁止与“币商”勾结反向兑换,禁止游戏平台按照游戏输赢抽水,禁止勾结俱乐部组织赌局。

从本次通知内容可以看出,文旅部对于金币场游戏反向兑换严格监管,要求棋牌企业加强自审自查,禁止任何反向兑换、抽水、银商变现。

因此,诺诚律师团队建议对于金币场游戏采取如下自审自查措施:

1、禁止游戏币转移、赠送功能;

2、禁止游戏币反向兑换现金;

3、对于大额实物的价值进行控制,建议实物价值控制在5万元以下,京东卡类似实物价值控制在1000以内;

4、禁止游戏平台按照游戏输赢抽水,而是采取固定服务费模式;

5、游戏平台应发布自审自查公告,冻结违规银商、玩家、俱乐部的账户,并对外公告,发布禁赌声明。

三、企业辖区文化执法大队作为主管单位,积极与公安进行联动执法。

本次专项行动的主管单位是游戏企业所在地的文化执法大队,通知强调各级文化执法大队应当加强与当地公安机关的联动执法,并集中查处一批违规游戏平台,向公安机关提供线索,曝光一批典型案件进行以案释法。

因此,根据行政管辖原则,棋牌公司应与注册地辖区的文化执法大队积极沟通交流,完善游戏棋牌功能,配合自审自查,避免成为本次专项活动的典型棋牌案例。

在本次专项活动或者2018公安净网行动期间,每个棋牌游戏均有被调查的可能,棋牌游戏公司都有可能面临执法人员的讯问和调查。一方面,棋牌公司应当在运营期间注重防范风险,定期对公司人员进行专项培训,禁止工作人员及其亲属参与线上游戏,对于证据确凿的赌博行为制止并处罚,情节严重时交由公安机关处理;另一方面,公司应安排突发情况的应急预案,处理公关危机。

四、总结

综上,诺诚律师认为本次通知的目的在于引导棋牌游戏企业加入自审自查,制止游戏内的隐蔽性赌博行为,避免成为玩家大规模赌博的工具。因此,游戏企业应当加强与文化执法部门的沟通,配合完善游戏功能,并及时做好法律方面的合法合规,避免成为本次专项活动的典型棋牌案例。

付费点登载此文出于传递更多信息之目的,并不意味着赞同其观点或证实其描述,互联网棋牌有风险,投资需谨慎!

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