Gaming Companies Could Face Criminal Prosecution Over Loot Boxes

By Zac Cameron ·

The latest report from the Belgian Gaming Commission finds that some Loot Boxes in popular games are breaking the law.

Gaming Companies Could Face Criminal Prosecution Over Loot Boxes

We’ve previously reported on a study from the Dutch Gaming Authority that highlighted several problems with Loot Boxes in some popular games, but now it seems the companies might face harsher penalties than just some small fines. The latest report from the Belgian Gaming Commission has found that some Loot Boxes do in fact constitute gambling, and are therefore in breach of Belgium law.

The report outlines that gambling in a video game is defined as any instance in which a wager could lead to either a win or a loss, an action found in several high profile games right now. According to the BGC, purchasing a Loot Box with real money constitutes said wager due to the inherent value placed on the items received, regardless of the players’ ability to trade or sell the items received.

Despite not being able to sell or trade the items received from Overwatch Loot Boxes, the BGC has found that they constitute gambling due to
Despite not being able to sell or trade the items received from Overwatch Loot Boxes, the BGC has found that they constitute gambling due to "inherent value placed on the items received" (Screengrab courtesy of Blizzard)

The Loot Boxes looked at by the BGC include those from FIFA 18, Overwatch, Counter-Strike: Global Offensive, and Overwatch, and will need to be changed if they are to comply with Belgium law. Additionally, the BGC report advises that “If the video games are not revised in compliance with the Gaming and Betting Act, the active operators risk a prison sentence of up to five years and fines of up to EUR 800,000 for a first violation. These penalties can double if the violation was perpetrated against a person younger than 18.”

In an interview with GamesIndustry.biz, Belgian Gaming Commission Director Peter Naessens commented that “We are going to take all preparatory measures for the drafting of police reports, but it's not going to be tomorrow. There is a certain amount of time for the minister of justice, but it's not unlimited.”

The commission also looked at the practices involved by companies in luring players to make more purchases in game, such as Activision’s “exploratory” patent designed to monitor player behaviour to encourage micro-transactions.

While we don’t yet have a response from the major companies named in the report, the issue of Loot Boxes is one that continues to dominate discussion, as seen with the recent Earnings Call from EA.