Chile's Comptroller: SCJ can't oversee online gambling, must report
The debate over the regulation of online gambling in Chile added a new chapter following the publication of Opinion No. E184152N25, dated October 29, 2025, through which the General Comptroller of the Republic (CGR) clarified the limits of the SCJ’s jurisdiction regarding betting platforms operating in the country.
The resolution responds to a complaint filed by a citizen who questioned the lack of oversight by the SCJ over online betting sites and the impossibility of applying the self-exclusion system, currently only in effect for physical casinos.
In its report, the Superintendency stated that it does not have legal powers to oversee or sanction gambling activities outside the scope of physical casinos authorized by Law No. 19,995, the regulation governing the sector’s operation since 2005. However, it clarified that in cases where possible violations have been detected, it has proceeded to file the corresponding complaints with the Public Prosecutor’s Office.
The current legal framework expressly excludes online gambling
The Comptroller supported this interpretation and recalled that, according to Article 63 No. 19 of the Constitution, Article 1466 of the Civil Code, and Articles 277 and following of the Penal Code, the operation of games of chance is an exceptional activity, whose authorization corresponds exclusively to the State.
According to Law No. 19,995 and its regulations — approved by Decree No. 547 of 2005 from the Ministry of Finance — games of chance may only be conducted under an operating permit issued for physical casinos. Article 5 of the law and Article 4 of the regulations expressly exclude online games from the authorized framework, which implies that all digital platforms currently operating in Chile do so outside the law.
“The online games of chance currently operating in the country are outside the current legal framework and are considered illegal,” the opinion specifies.
Despite this lack of direct jurisdiction, the Comptroller emphasized that the SCJ does have the obligation to report illegal online gambling activities to the Public Prosecutor’s Office and coordinate judicial actions in cases of unauthorized commercial exploitation.
Self-exclusion: only valid for physical casinos
The opinion also addressed the request to apply voluntary self-exclusion to online platforms, concluding that this mechanism is only applicable to physical casinos.
Article 9 of the casino operating regulations defines self-exclusion as a voluntary measure whereby a person requests to be prevented from entering physical gambling rooms. According to the Comptroller, extending this mechanism to digital environments is not appropriate under current regulations, as there is no regulation that contemplates it.
“Self-exclusion only applies under the terms provided for entry to physical casinos,” determined the oversight body.
A regulatory gap under review
The Comptroller’s decision reaffirms the absence of a comprehensive legal framework for online gambling in Chile, a matter currently under debate in the National Congress, where the Online Betting Law project — promoted by the Ministry of Finance — seeks to regulate this activity, establish a licensing and taxation system, and grant the SCJ digital supervision powers.
Meanwhile, the ruling makes clear that, until a new law comes into effect, online gambling in Chile will continue to operate in a legal vacuum, without direct oversight but under the risk of criminal prosecution.
Tags: Chile, SCJ, illegal gambling control Chile