Australia's Online Keno Ban Put On Hold by Court

Enforcement of Australia's online keno ban has been delayed after KenoGo, which is linked to Lottoland, obtained an interim injunction from the High Court. In his 22 October ruling, Justice David Hammerschlag accepted a request the company did not oppose and ordered that the law not be applied until the company's constitutional challenge is resolved.

The decision means that the country's three online keno operators can keep operating without obstruction after the official implementation date of 1 January. The ban covers only the online channel, while keno games in physical venues fall outside its scope.

KenoGo also backed down in the case. In a ruling on 5 November, the company failed in its request to access documents held by the political advisers of the prime minister and the communications minister. The government argued that these documents are not relevant to the case and that the document process would only prolong the proceedings.

The company is challenging the distinction between online and physical keno on the basis of the interstate trade protection in Section 92 of the Constitution. According to the company's lawyers, banning interstate keno trade online while allowing the same games in venues amounts to protectionism, and the real purpose of the law is to commercially protect bars and clubs. KenoGo also points out that if there is a concern about harm from fast keno, that faster version could be banned in physical venues as well, or measures such as spending limits and self-exclusion could be applied.

The government, for its part, argues that online and physical keno are different products, that interstate keno trade is already rare, and that the purpose of the law is to protect people.