FEATURE RANJANA ADHIKARI

do not provide any strict timeline for an SRB to make an application and be recognised by MeitY.

What is the baseline criteria prescribed by the Rules for verification of an online real money game?

Though the Online Gaming Rules give flexibility to SRBs to formulate their verification processes, the Rules stipulate that SRBs should ensure that the online real money game being verified does not “involve wagering on any outcome.” Also, the online real-money game seeking verification should have responsible gaming mechanisms, should not be offered to minors and should have safeguards to protect against user harm.

How can an entity register itself as an SRB?

To become a registered SRB, the entity has to be a not-for-profit company under India’s Companies Act 2013. Its Board of Directors should comprise of at least seven individuals from different fields with no conflict of interest. Some of the criteria for registration of an SRB are slightly vague and subjective in nature and may require an SRB to build its case before MeitY on how it meets those requirements.

Once an SRB is registered with MeitY, it will be allowed to grant/revoke/suspend the verification of an ‘online real-money game’ as a ‘permissible online game.’ Other than the guidance provided in the Online Gaming Rules, the process of verification and suspension/revocation will mostly be as per SRB’s discretion. Among its other duties, an SRB also needs to appoint a Grievance Officer and frame a grievance redressal framework, as well as ensure that its member OGIs and the ‘permissible online game(s)’ verified by it followall due diligence requirements under the Rules.

What

is

the Grievance Redressal Mechanism under the Online Gaming Rules?

The Online Gaming Rules provide for grievance redressal between OGIs and users, and between OGI and SRB through therespective Grievance Officers of an OGI or an SRB. While OGIs and SRBs have been provided with separate grievance redressal mechanisms, the resolution window for an OGI is very limited in certain matters depending on its sensitivity. Any person aggrieved by the order of the Grievance Officer may file an appeal before the Central Government-appointed Grievance Appellate Committees (“GAC”).

In Lieu Of A Conclusion

The Online Gaming Rules are India’s maiden attempt at a central online gaming law. While the Rules attempt to promote ease of doing business by putting in place a uniform regulation for online gaming, they do not directly address the thorny issue of legislative competence of the central and the state governments which may lead to multiplicity of conflicting laws, unnecessary litigation and instability in policy making. While the interplay of state laws with the Online Gaming Rules will be debated (and may even be adjudicated by courts) over the coming months, online skill gaming operators will have a stronger case to present before their investors, financial service intermediaries and marketeers; and instil greater consumer confidence.