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Request date: 27 July 2023
This version was printed or saved on: 25 April 2025
Online version: https://www.gamblingcommission.gov.uk/about-us/freedomofinformation/sorare-inquiry
I am writing to submit a Freedom of Information request concerning the Gambling Commission's inquiry into the platform Sorare, as initially mentioned in an article published on your website on October 16th, 2021. The original article can be found here: Consumer Information Notice. Despite the passage of almost two years, no further information or updates on the status of this inquiry have been provided to the public.
In light of the above, I kindly request the following:
Confirmation of whether Sorare is currently classified as regulated gambling under the Gambling Act. If it is not considered as such, I would appreciate an explanation as to why this is the case.
Access to the internal communications and ultimate decision-making process regarding the status of the Sorare platform.
Given Sorare's substantial user base in the UK, and the potential implications of its operation on those users, it is of significant public interest to understand the Gambling Commission's position on this matter. The initial information provided was somewhat unclear, and with no subsequent updates or clarification over the past two years, the public's understanding and interpretation remain uncertain.
Thank you for your request which has been processed under the Freedom of Information Act 2000 (FOIA).
Firstly in your email you have requested confirmation of whether Sorare is currently classified as regulated gambling under the Gambling Act. Further to this, if it is not considered as such, an explanation as to why this is the case. Further to this, you have requested access to the internal communications and ultimate decision-making process regarding the status of the Sorare platform.
Section 21 of the FOIA provides that information is exempt where it is reasonably accessible elsewhere, as stated on the Gambling Commission website, in a consumer information notice:
Sorare.com is not licensed by the Gambling Commission.
This means that any activity completed on the site by consumers in Great Britain is outside of the gambling regulations that a licensed operator should comply with.
The full notice can be viewed here:
Consumer information notice: Sorare.com
All operators who are licensed, or in the process of being licensed, by the Commission can be found on our Licensee register, which is regularly updated.
This can be found here:
The Commission is a regulatory body with licensing, compliance, and enforcement functions; through our regulatory activity, the Commission aims to protect consumers and the wider public, and to raise standards in the gambling industry. We release details of our enforcement activity through public statements.
The public statements will detail the nature of the failings by the operator and the amount of the fine or settlement. Further to this, the Commission also publishes a list of recent regulatory sanctions we have imposed on licence holders.
When we publish these statements and sanctions, we take care to present as much information as possible to ensure that lessons can be learned by operators. However, we must also be careful not to reveal any information that could hinder our ability to conduct investigations or enable those we may investigate to avoid detection.
Section 31(1)(g) exempts information whose disclosure would, or would be likely to, prejudice the exercise by any public authority of its functions for any of the purposes specified in subsection (2).
The Commission considers the subsections below apply and therefore the information is exempt from disclosure:
i. Subsection 31(2)(a) refers to the purpose of ascertaining whether any person has failed to comply with the law.
ii. Subsection 31(2)(b) refers to the purpose of ascertaining whether any person is responsible for any conduct which is improper.
iii. Subsection 31(2)(c) refers to the purpose of ascertaining whether circumstances which would justify regulatory action in pursuance of any enactment exist or may arise.
iv. Subsection 31(2)(d) refers to the purpose of ascertaining a person’s fitness or competence in relation to the management of bodies corporate or in relation to any profession or other activity which he is, or seeks to become, authorised to carry on.
Section 22 of the Gambling Act 2005 sets out that the Gambling Commission is responsible for regulating and promoting licencing objectives as set out in section 1 of the Gambling Act 2005.
The statutory duties laid out in section 1 are:
a) preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime,
b) ensuring that gambling is conducted in a fair and open way, and
c) protecting children and other vulnerable persons from being harmed or exploited by gambling.
Through our regulatory activities we aim to protect consumers and the wider public by raising standards within the gambling industry.
As part of our regulatory activities, we will have dialogue with operators and third parties to establish facts to inform our decision-making process before reaching a final outcome.
Any information that we can publicly disclose in relation to particular regulatory activities is made available on our website at the appropriate time so as not to disclose any information that could impact on our ability to make enquiries and conduct investigations or enable those we investigate to avoid detection.
The Commission therefore concludes that the disclosure of this information relating to the outcome of the enquiries would prejudice the regulatory functions of the Commission.
Public interest test
The factors the Commission has considered when applying the public interest test have been detailed below and our view is that the public interest lies in favour of applying the exemption.
In favour of disclosure
The Commission is a public body which is required to regulate the gambling industry in the public interest. There is therefore a public interest in members of the public having confidence the Commission is being open and honest with the information it holds so that it can be held to account.
Disclosure of the requested information could provide the public with the information that they need in order for them to make an informed decision with regards to whether they wish to participate in the activities of a particular operator.
In favour of maintaining the exemption
There is an expectation of confidence in much of the Commission’s work. It is the impact on this work of the Commission which is more likely to be affected by disclosure of the information. Should the Commission be required to disclose sensitive and confidential information about the state and nature of its enquiries and inquiries in a particular investigation it may lead to prejudice to that particular investigation, thereby inhibiting our ability to protect consumers.
Disclosure of this information would also undermine the Commission's ability to uphold the licensing objectives (as noted above) which would impact on the trust and confidence of the public in it as a regulator.
Operators are required to provide detailed information and there are statutory mechanisms in place to compel the provision of information, but this is not the most effective way to obtain information. The Commission relies on the voluntary provision of information to perform its functions and open and frank exchanges are integral to the decision-making process.
Disclosing information without sufficient rationale would also undermine this trust and make operators less likely to cooperate with requests in future. This would potentially result in the Commission having to use its more formal statutory powers in the future, leading to more guarded disclosures which would not be in the public interest.
Weighing the balance
The Commission acknowledges that there is a public interest in promoting the accountability and transparency of public authorities and the importance of having sufficient information in the public domain to support consumers with their choice of operator, however, disclosure of the information would be damaging to the Commission as a regulatory body which ultimately serves to protect the wider public interest.
It is important that the public are assured that the Commission is carrying out its functions in ensuring that any individuals or operators who are involved in providing gambling facilities to the public have undergone the necessary assessments and will uphold the licencing objectives ensuring that consumers are protected.
However, there is a strong public interest in preserving the processes that the Commission has in place to assess operators’ compliance with the Gambling Act 2005. The public trust that the Commission has robust processes in place to assess operators so that when they use the services provided by an operator, they are confident that there has been sufficient scrutiny of that operator to ensure that they are protected. If this information were released it would undermine that confidence.
Looking at all the circumstances of the case and the nature of the request, the Commission considers that the relevant prejudice identified above would be caused to the Commission by disclosure, at this time, and this weighs in the balance when considering the question of public interest. Public knowledge of the outcome of enquiries before any investigation is formally concluded is very unlikely to contribute to a proper understanding of the regulatory activities of the Commission.
We consider that the public interest is better served by withholding the information relating to the outcome of the enquiries ensuring that consumers are protected through our processes rather than releasing information which in our view will not benefit the public as this matter has not yet concluded.
If you are unhappy with the service you have received in relation to your Freedom of Information request you are entitled to an internal review of our decision. You should write to FOI Team, Gambling Commission, 4th floor, Victoria Square House, Victoria Square, Birmingham, B2 4BP or by reply to this email.
Please note, internal review requests should be made within 40 working days of the initial response. Requests made outside this timeframe will not be processed.
If you are not content with the outcome of our review, you may then apply directly to the Information Commissioner (ICO) for a decision. Generally, the ICO cannot make a decision unless you have already exhausted the review procedure provided by the Gambling Commission.
The ICO can be contacted at: The Information Commissioner’s Office (opens in a new tab), Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.
Information Management Team
Gambling Commission
Victoria Square House
Victoria Square
Birmingham B2 4BP
I am writing to formally request an internal review of the response provided to my Freedom of Information Act (FOIA) request regarding the classification of Sorare under the Gambling Act.
While I appreciate the comprehensive explanation provided in the email, I believe there are grounds to reconsider certain aspects of the information provided, specifically those areas exempted under Section 31 of the FOIA.
"The Gambling Commission is currently carrying out enquiries into the company to establish whether Sorare.com requires an operating licence or whether the services it provides do not constitute gambling."
I hereby posit that the Commission, having openly avowed its investigatory stance concerning Sorare.com, is duty-bound, both as a matter of public trust and legal transparency, to elucidate the reasons underpinning any subsequent decision it reaches on this matter. It is of paramount importance that the Commission enlightens the public not only on its final judgement but also on the rationale underscoring why the platform in question either poses no risk to the public or does not fall within the ambit necessitating a licence.
I anticipate that, in line with your esteemed Commission's commitment to uphold the principles of transparency and safeguarding the public, a comprehensive elucidation will be provided in due course.
I respect the fact that certain information might be sensitive and potentially harmful if released prematurely. However, in the interest of transparency and public understanding, I would urge the Commission to reassess the balance of public interest in this case. The purpose of the FOIA is to promote transparency and trust in public institutions, and I believe that in some instances, the information can be disclosed in a manner that respects both the public's right to know and the Commission's duty to regulate.
I appreciate the important work that the Gambling Commission undertakes and your commitment to ensuring that the public is well informed. I thank you in advance for considering my request and look forward to hearing from you soon.
I am writing to you further to your Freedom of Information request dated 27/07/2023, which we responded to on 22/08/2023, and your subsequent request for an internal review received on 14/09/2023.
We have now concluded our review and our findings are detailed below.
This internal review was conducted by someone who was not involved in the processing of your original request.
In your initial email you requested the following information:
In relation to part one of your request, we confirmed that Sorare.com is not licensed by the Gambling Commission. We went on to explain that any activity undertaken on the site, by consumers in Great Britain, is outside of the gambling regulations that a licensed operator should comply with.
This position was reinforced by a consumer notice, published on the Gambling Commission website. Section 21 of the FOIA was engaged as this exemption provides that information is exempt where it is reasonably accessible elsewhere. The full notice can be viewed here:
Consumer information notice: Sorare.com
I therefore uphold the decision that this part of your request has been answered in full and no further information can be provided in line with the FOIA.
In our initial response we advised that information falling within scope of the remainder of your request was held by the Gambling Commission. However, due to the Commission’s responsibilities as the regulator of gambling in Great Britain, we advised that any information relating to our regulatory work was exempt from disclosure under section 31(1)g of the FOIA (law enforcement) and therefore will not be released.
After reviewing your request and our response, I uphold our original decision to engage the section 31(1)g exemption. My considerations for this decision are detailed below. In our response we advised that the Commission is a regulatory body with licensing, compliance, and enforcement functions and through our regulatory activity, the Commission aims to protect consumers and the wider public, and to raise standards in the gambling industry.
I recognise that there is a public interest in knowing whether a particular entity does or does not have a gambling licence. However, that interest is already met by the Commission publishing licence details on its website. This can be found here:
Further to this, the Commission takes steps to publish information, ensuring the transparency and accountability of its regulatory work. Details of correspondence regarding specific regulatory work of the Commission, does not contribute to the overall understanding of the gambling industry.
We release details of our enforcement activity through public statements, which can be found on our website here:
When we publish these statements, we take care to present as much information as possible to ensure that lessons can be learned, and standards raised in the industry. However, we must also be careful not to reveal any information that could hinder our ability to conduct investigations or enable those we may investigate to avoid detection. If a regulator becomes too predictable, those that they regulate and investigate may use this information to inform their actions in order to avoid or minimise attention, rather than focusing on maintaining the high standards required.
As stated in our original response, the Gambling Commission do not provide comment on any regulatory work we are undertaking, unless it is in the public interest to do so. There is an expectation of confidence in much of the Commission’s work, particularly in conversations regarding individual cases. It is the impact on this, which is more likely to be affected by disclosure.
Finally, disclosure of this information would also undermine the Commission's ability to uphold the licensing objectives which would impact on the trust and confidence of the public in it as a regulator.
After consideration of the above arguments, I consider that the public interest is better served by withholding this information, ensuring that consumers are protected through our processes rather than releasing information.
If you are not content with the outcome of your review, you may apply directly to the Information Commissioner (ICO) for a decision. Generally, the ICO cannot make a decision unless you have exhausted the complaints procedure provided by the Gambling Commission. The ICO can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.
Yours sincerely,
Information Management Team
Gambling Commission