India's Ministry of Information and Broadcasting issued a fresh advisory on April 6, 2023 warning media entities, platforms and online intermediaries against airing advertisements of betting and gambling platforms1. The same day, the Ministry of Electronics and Information Technology (MeitY) released an amendment to the IT Rules, 2021 to regulate "online real money games" where users have to risk money to play1.
The I&B Ministry said the advisory was issued to all media formats, including newspapers, television channels and online news publishers, and that it showed specific examples where such advertisements had appeared in the media in recent times1. It took strong exception to recent instances of mainstream English and Hindi newspapers carrying advertisements and promotional content of betting websites, and said the government would be constrained to take appropriate legal action against any non-compliance1. The Ministry also objected to promotion by a specific betting platform that encouraged the audience to watch a sports league on its website, which it described as a prima facie violation of the Copyright Act1. The advisory follows earlier ones issued in June and October 20221.
MeitY's Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 require real money gaming platforms to register with a self-regulatory body (SRB) that will determine whether or not the game is "permissible"1. Three SRBs will be recognized soon, Minister of State for Electronics and Information Technology Rajeev Chandrasekhar said at a press conference on Wednesday1. Games deemed permissible will be allowed to operate legally, even if they involve deposits against an expectation of winnings1. Games not deemed permissible will not get the protection of the amendment, and states may be able to take action against them for being betting or gambling platforms, Chandrasekhar said1. Video games where money is not involved need not approach an SRB1.
Shambhavi Ravishankar, a consultant at Ikigai Law, told The Hindu that there will now be more government oversight over how SRBs function, and that most of the requirements in the rules have already been part of responsible gaming best practices followed by the industry1. She added that real money games verified by SRBs and therefore permissible under the IT rules should be outside the scope of the I&B Ministry's advisory1.
"The advisory has been issued to all media formats, including newspapers, television channels, and online news publishers, and showed specific examples where such advertisements had appeared in the media in recent times"
The Federation of Indian Fantasy Sports welcomed the amendment. Director-General Joy Bhattacharjya called the rules a "pivotal moment" for the industry and said the body looks forward to engaging with MeitY to seek requisite clarifications as its members initiate the compliance process1.
What it means for players
The two actions separate real money games from betting and gambling in how they are treated. Platforms that register with an SRB and are found permissible can operate legally in India even when players deposit money against an expectation of winnings1. Platforms that are not deemed permissible lose that protection, and states may act against them as betting or gambling operations1. For players in India, the practical effect is that the legal status of a real money game depends on whether its operator has gone through an SRB, a process that had not yet begun when the rules were announced. The advertising advisory does not by itself change what individuals may play; it targets where betting and gambling platforms can promote themselves. How the advisory will be enforced against media outlets, and whether permissible real money games fall outside it, had not been settled at the time of the announcement1.
What happens next
Three self-regulatory bodies will be recognized soon, according to Chandrasekhar1. The I&B Ministry said the government would be constrained to take appropriate legal action against any non-compliance with its advisory1. No date was given for either step.
For background on how India treats betting and gaming, see Can I Gamble in India? and Online Cricket IDs and Betting Exchanges. The wider regional picture is set out in Gambling Laws in Asia: What Is Legal in 12 Jurisdictions and Is Online Gambling Legal in Asia? The 12 Jurisdictions Compared.
