Gutshot September 2021

Volume 2 | Issue 9 | Mumbai |

www.gutshotmagazine.com

September 2021 | Pages 44

ASCI: AHEAD OF THE ADVERTISING CURVE THE ONSET OF ESPORTS PLAYER PROTECTION IN INDIA THE LEGAL AND TAX MATRIX OF FANTASY GAMES VANAKKAM RUMMY (LEGALLY)!

GUTSHOT PLAYER OF THE MONTH VARUN MEENA

SKILL

THE HOUSE

ALWAYS WINS!

Jay Sayta on the Unsettled Legal Position of Skill Gaming in India

https://bit.ly/GSSaint

https://bit.ly/GSNat8Sept2

CONTENT

ESPORTS

5

Editor’s Note

8

Bulletin of the month

34-35 The Legal Facet of Indian Esports: A Reality Check

POKER

36-36 Esports betting: Legitimate Or Not?

10-11

Online Poker: Too many cooks spoiling the

37-38 The Onset Of Esports Player Protection in

regulatory broth?

India

12-14 ASCI: Ahead Of The Advertising Curve 22-23 Up and Personal with Thailand’s Numero

39-40 The Legal and Tax Matrix of Fantasy Games

Uno, Phachara Wongwichit

FANTASY SPORTS

24-26 Gutshot Player of the Month - Varun Meena

RUMMY GAMING

41-42

28-29 Call Break to Test Indian Gaming Waters 30-31

Resilience Esports: Discovering Untapped

Opportunities 32-33 A Legal Game of Hide And Seek

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COVER STORY:

Jay Sayta Skill Always Wins!

The House

A complete dearth of credible information on gambling and betting laws made Jay sit up and delve into the nuances of this sector. Having extensively tracked issues on policy, regulatory, tax and legal matters and framework of gambling and gaming industry over the last decade, Jay had made his appearance in Madras High Court to challenge the constitutional validity of the amendment to the Tamil Nadu Gaming Act.

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Vanakkam Rummy (Legally)!

EDIT

EDITOR’S NOTE

www.gutshotmagazine.com

September 2021 Volume 2 Issue 9

RMG + LIFESTYLE

MANAGING EDITOR Sameer Rattonsey EDITOR-IN-CHIEF Peter Abraham CONTENT Manthra Koliyer Donna Amo Mrinal Gujare Amarylisa Gonsalves Akash Mishra Manaswini Vaghani CONTENT STRATEGY Athira Laji DESIGN HB Design Pvt. Ltd. CREATIVE DIRECTOR Sajid Moinuddin ART DIRECTOR Piyali Uchil GRAPHIC DESIGNER Maheswar Gauda COVER PHOTOGRAPHY Kapil Gulati SALES & ADVERTISING Raunaq Pinto (raunaq@thegutshot.com) MARKETING HEAD Dwayne Fernandes (dwayne@gutshotmagazine.com) BUSINESS HEAD Ashvin Rao (ashvin@gutshotmagazine.com)

Dare I say we’re kinda sorta maybe heading in the direction of normal in these times?! India is still woefully short (about 14% full vaccinated) but vaccination numbers are slowly increasing. We’ve got a long way to go but hopefully we get there sooner rather than later.

And the same could be said about the state of regulation with respect to the Indian gaming landscape.

With plenty of evidence to suggest that poker is a game of skill, regulatory issues still cast a shadow over this sport as well rummy, e-sports and fantasy sports.

And so we thought this issue of Gutshot should focus on the legal angle which affects our industry. Legal eagle Jay Sayta who is featured in our cover story has been associated with the Indian gaming space since it’s nascent stages, in fact since he was a student at one of the well known law schools of the country NUJS, Kolkata. Jay shares his thoughts on the current state of skill games within the legal ambit of things as well as the direction in which the Indian gaming landscape is heading to in the coming years.

The team also has insights from other gaming verticals bringing you conversations with brand custodians and legal associates on what they believe is the way forward for their respective verticals from a regulation and even tax standpoint.

Lastly we throw the spotlight on Varun Meena who is Gutshot’s Player of the Month. Varun has been racking up scores at Blitz Poker among other platforms as well as carving a niche for himself in the realm of Pot Limit Omaha.

Till the next one, stay safe and keep crushing!

Volume 2 I Issue 9 I SEPTEMBER 2021

Printed and Published by: Peter Abraham for Gutshot Entertainment Pvt. Ltd., S/6-8 Khira Industrial Estate, B.M.Bhargava Road, Santacruz (West), Mumbai-400054 Gutshot Magazine is not responsible for the opinions or views expressed by individuals or writers that may be included in any part of Gutshot Magazine. The views expressed are for encourage - ment and entertainment purposes only.

By being an author on this site all writers transfers copyright ownership of the manuscript to Gutshot Magazine. for publication in print, on line and in downloadable form. Permission is also given to publish all subsequent electronic media, reprints, and any other subsidiary print rights worldwide of this article for Gutshot Magazine. The author(s) will have the unrestricted right to reuse this material on condition that credits are included for prior publication in Gutshot Magazine, to include the issue and date of publication. Interviews are the personal opinions of the interviewee and are not necessarily the views of Gutshot Magazine or it’s Publishers Gutshot Entertainment Pvt. Ltd. take no responsibility for any of their answers or comments. All interviews are subject to editing spelling, grammar, and any content that is not useful may be disregarded when posted/published.

Gutshot Magazine reserves the right to change, update this disclaimer and policy at will without any notice.

PETER ABRAHAM Editor-In-Chief

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ADVISORY BOARD

ADVISORY BOARD As a part of our journey to develop into a world-class publication with the highest reputation, we happily present Gutshot Magazine’s Editorial Advisory Board members. These thought leaders in their areas of expertise will vitalise the editorial scope and focus of the magazine and will be our eyes and ears to the Real Money Gaming industry.

Amin Rozani MD, Spartan Group

Roland Landers CEO, All India Gaming Federation (AIGF)

Karan Vig Head of Production, Mind Sports League

Richard Haridasoham Poker expert and commentator

Muskan Sethi Professional Poker Player Responsible Gaming Ambassador

Ramesh Rao Thotapalli Casino Pride 1 Poker Room

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http://bit.ly/GSBlitzP

BULLETIN OF THE MONTH

Deltin Casinos at Gangtok and Kathmandu Are Now Open

I

ndia’s leading luxury gaming and entertainment brand ‘Deltin’ has opened its casinos in KathmanduNepal and Gangtok-Sikkim.

While ‘Deltin Denzong, Gangtok’ opened earlier in August, ‘Deltin Casino International, Kathmandu’ opened recently. ‘Deltin’, India’s leading brand in luxury gaming and hospitality, is owned by Delta Corp Ltd. (DCL), a publicly listed company which owns and operates casinos and hotels in Goa (India), Sikkim (India), Daman (India) and Kathmandu (Nepal).

Deltin Casino International in Nepal is India’s first international casino located at the luxurious 5-star Marriott hotel in Kathmandu. It’s spread across 15,000 sq. ft. and

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offers the best of gaming and live entertainment with 220+ gaming positions, dedicated VIP gaming room, restaurant, and live stage acts. Deltin Denzong in Gangtok, set at 6000 ft. above sea level, offers a celestial gaming experience against the backdrop of the frozen pinnacle of Mt. Kanchenjunga, the third highest peak in the world.

Thrilled to make the announcement, Anil Malani, CEO-Deltin said, “We are excited to see the silver lining after the hospitality and entertainment sector was heavily hit by two waves of the pandemic. Safety and wellbeing of our patrons and staff are of paramount importance to us and we are following all government guidelines and our state-of-the-art

2021

safety protocol ‘BestAssured’ across all our properties.”

Earlier last month, the company also launched a campaign with the tagline “We are Ready” announcing 100% vaccination of all its staff across its properties in India and Nepal. With an aim at creating awareness and encouraging people to get their vaccination, the campaign was further circulated through all social, digital, and direct channels targeting patrons and general public.

Opening of gaming operations in Sikkim and Nepal has brought a smile back to the faces of gaming enthusiasts and thousands of ‘Deltin’ staff employed in various functions.

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POKER

Online Poker: Too many cooks spoiling the regulatory broth?

The online poker industry had boundless perspectives to deal with, leading to a hung legislative framework (read: open-to-interpretation).

By Mrinal Gujare

A

legal quandary is not an easy one to get out of. Ask anyone from the real money gaming industry and they will reveal it all to you. Petitions seeking ban on online poker, citing reasons sometimes goes beyond one’s comprehension. The logjam between online poker operators and various state governments could just as easily remind you of a soap opera, which hits a high note when a court jumps in with a ruling.

The stand-off between the online poker industry and the legal framework of the country has been a hot topic of discussion for many years now. But the screenplay of this regulatory drama is full of suspense to even make a guess.

Sudhir Kamath, CEO & Co-Founder, 9stacks 10

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Pre-independence Era Law The Public Gambling Act, 1867 is still being considered as relevant.

There is a burning desire to have an upgraded law in place, which could stabilise the lopsided regulation.

Sudhir Kamath, CEO & co-founder, 9stacks while addressing this issue said, “Not just for the online poker industry, but more broadly for the online skill-based gaming industry, of which poker is a small subset.

The old law never contemplated online gaming, and today that is the dominant medium for people to entertain themselves.”

While some state governments have made attempts to define and regulate the industry, there is a clear need for a central law that will lay down the dos and don’ts.

This would also provide muchneeded clarity to other ancillary service providers like banks, payment gateways, and marketing channels.”

State Governments Form Independent Legislation One can’t move ahead in this discussion without getting a word from the online poker operators.

We spoke to Spartan Poker’s legal head, Rachna Shroff and got to know her view on various state governments making their own 2021

legislation for online poker. Shroff said, “It is a welcome move to

Rachna Shroff, Legal Head, Spartan Poker

have legislation making its way towards online poker and being given a distinctive platform and recognition. While looking at the different state laws, it would be a brilliant move to have one centralized law. It saves time and effort for the law agencies and gives clarity to the entire industry across the country by bringing everyone on the same wavelength.”

Another leading online poker brand Calling Station also shared its views on the logjam between operators and state governments.

Calling Station’s Marketing Operations Manager, Deepika Patil stated, “Our Indian society needs to be more open-minded about poker.

Unless the game is widely accepted as a game of skill, people will think

POKER

Deepika Patil, Marketing Operations Manager, Calling Station

of it as some kind of iGaming. One day, the rising popularity of online poker will compel the government to recognise it officially.”

Business Expansion The ambiguity in the legal structure of the skill gaming industry has been the talk of the town for quite sometime. Shroff says,” She says, “The fact that India is seen as a market which could outnumber its growth in the coming two years is magnificent. We could generate massive employment opportunities, revenue, boost innovation and flow of foreign investments. It’s unfortunate that the current laws do not provide any clear demarcation in terms of cyberspace operations and are losing out on being relevant.

Information Technology (IT) based startups and businesses have been able to expand to the point of raising funds via the IPO route, as the Government of India has called for much-needed funding schemes and policies for the startups to become big conglomerates. The existing laws need immediate attention and a complete makeover to keep up with the current time.

Patil from Calling Station said, “Online poker operators had no choice but to stop offering services in states where online poker was banned. Every business sector was affected. Some businesses witnessed higher demand for their products and services, while others were impacted negatively due to the extraordinary circumstances.

I am sure business operators in the industry believe that there are so many advantages that online gaming could bring in only if the government recognises the benefits.

denying this basic right means violation of the constitution. Adding more power to the perception war is Machaiah who adds that, “States ought to realize that games of skill can only be subjected to reasonable restrictions and not a blanket ban.

The definitions in the legislation ought to declare poker as a game of skill. This will remove ambiguity around the nature of poker and prevent courts from differing in interpretation. It is equally important to educate the police about the legal status of poker so

Madras High Court Ruling On 3rd August, 2021 the Madras High Court (HC) struck down Tamil Nadu state government’s ban on online gaming (poker and rummy) and called it invalid.

Rahul Machaiah, an LLM graduate, voted for the popular opinion on the subject when he said, “Madras HC’s recent ruling is significant. It declares online poker as a game of skill as opposed to iGaming.

By ruling that citizens have a fundamental right to exploit their talent and skills to earn money through games with stakes, the court has deprecated the view that earning money by playing online poker is immoral and illegitimate. The court held that excessive paternalism amounts to authoritarianism and this has the potential to shape public opinion on the trend of banning online games.”

General Perception Of Poker The Indian constitution gives every citizen a right to practice a career/ profession of his/her choice and

Rahul Machaiah, LLM graduate

that they do not prosecute people who play and organise online poker.”

We know the heavy-duty perspectives of legal experts and operator opinions must have compelled you to scratch your heads. But don’t worry, the online poker industry is taking every challenge head on.

Players and brands are only hoping for the best to come soon.

A headline grabbing regulatory framework could boost the fortunes of this industry and permanently bid adieu to the pesky courtroom drama.

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POKER

ASCI: Ahead Of The Advertising Curve

A quick chat with Manisha Kapoor, Secretary General, ASCI, will give you a gist of how ASCI is stringently committed to the cause of self-regulation in advertising.

By Manthra Koliyer

I

s your brain running wild with creative advertising ideas? That you are sure will fetch more attention and lead to positive attitudes about the products.

However, every advertisement has to meet the criteria put forth by our conscience keeper, Advertising Standards Council Of India (ASCI).

They have issued guidelines to ensure that the basic codes of selfregulation are followed.

Established in 1985, the ASCI is a voluntary self-regulatory organisation comprising members from India’s marketing, creative, media, and allied companies. ASCI has been committed to protecting Indian consumers’ interests through self-regulation in advertising since its inception. This regulatory body ensures that claims made in an advertisement are true to its name. There is a general shift from traditional media to digital spaces, and ASCI has ensured that they stay ahead of the curve and streamline advertising and marketing.

As a magazine/website that writes predominantly about the real money gaming industry, we had several questions about the disclaimer, rules laid out by ASCI and more. To get our minds cleared, we got in touch with Manisha Kapoor, Secretary-General,

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Manisha Kapoor, Secretary-General, Advertising Standards Council of India Advertising Standards Council of India.

Do you think the ASCI disclaimer on an RMG advertisement will challenge the very fact that a particular game is skill-based?

The guidelines were introduced to make real-money gaming advertisements safer and more responsible for many consumers.

We wanted to ensure that such advertising makes users aware of financial and other risks associated with playing online games and offers real money winnings.

Whether a particular game is skill2021

based or not is not within ASCI’s remit; it is a legal and regulatory question.

Gaming has now taken a front seat as one of the careers that young Indians are choosing.

Don’t you think putting such disclaimers will be an added problem for gamers when they have to convince their parents/ family about their choice of profession?

ASCI’s primary concern is protecting the interest of millions of consumers.

We observed that gaming

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This game involves an element of financial risk and may be addictive.

Please play responsibly and at your own riisk. T&C Apply. 18+ only.

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advertisements targeted youth and families by suggesting that these can become sources of income and livelihood and help them bring about assets in their homes despite being poor.

All this while completely suppressing the fact that the games have the possibility of financial risks. Many users on these apps come from lowerincome families and cannot afford to lose their hard-earned money. Using celebrities in these advertisements makes them more attractive and lure them in because consumers blindly trust their heroes and role models.

It has been ruled that poker is a skill game. Does the disclaimer now challenge the integrity of the ruling?

ASCI does not decide whether a particular online game is skillbased or chance-based. That is for the government and courts to decide. ASCI wants to ensure that such advertising makes users aware of financial and other risks associated with Playing using real money online through these guidelines. Various government ministries have supported the ASCI guidelines to address the increasing concerns about potentially misleading and harmful advertisements in the sector.

ASCI’s statement, “The advertisements should not be present for ‘online gaming for real money winnings’ as an income opportunity or an alternative employment option, and the advertisement should not suggest that a person engaged in gaming activity is in any way more successful as compared to others.” The poker industry has several IITians, doctors and businessmen playing poker fulltime. Doesn’t this statement put the efforts and passion of such players in a bad light?

If an individual with full knowledge of the play and its risks chooses to play poker full-time, it is their choice. Our focus is to bring to the forefront the risks associated with these options so consumers can make an informed decision.

We generally receive calls saying, ‘With 499, make your 1 Crore dream come true. Aren’t such calls misleading?’ While there could be a disclaimer in English, calls in Hindi will appeal to a much bigger audience. What is the take of ASCI on that?

Every such gaming advertisement must carry the following disclaimer, even when it comes to calls: “This game involves an element of financial risk and may be addictive. Please play responsibly and at your own risk.”

The disclaimer needs to be placed in average speaking pace at the end of the advertisement and must be in the same language as the advertisement itself. If there is no disclaimer, the ad stands in violation of ASCI’s guidelines and can be viewed as misleading.

As per the report from BARC, out of 2,142 advertisers in May 2021, 1,347, (63%) were new advertisers. Owing to the increasing consumption of advertisements, ASCI sincerely believes that ‘vigilant consumers can strengthen ASCI’s surveillance.’

Advertising has become the most significant way of conveying information to gen Z irrespective of its medium, and the ability to absorb or exude lies in the consumer’s hands. This relates to the famous quote by futuristic philosopher Alvin Toffler who once wrote, “The illiterate of the 21st century will not be those who cannot read and write, but those who cannot learn, unlearn, and relearn.” To compare this with the changing scenarios in our advertising sector, people must know that we are at the nexus of choice and we must abide by what we choose to consume in the digital era.

You can send a WhatsApp complaint on 7710012345 giving the details of any misleading advertisements you come across to ASCI.

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ORDER NOW

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Out Now On

COVER STORY

Jay Sayta Skill The House Always Wins!

By Athira Laji

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COVER STORY

I

n Mahabharata, when Shakuni challenged Yudhisthira for a game of dice, he opposed by saying, “When there is no morality in such an action, why do you praise gambling in this way?

The wise do not advise playing with one who is an expert in dice.

Victory in battle without deception and wickedness is the mark of a true warrior.” A good amount of people would agree with this statement. However, I agree more with what Shakuni said in return to Yudhisthira’s statement, “It is from a desire to be victorious that one person approaches another for gambling. But such a desire is not dishonest. One who is an expert in gambling approaches another to defeat that person. Similarly, one who is the expert in the use of weapons approaches a weaker enemy with the idea of defeating him. This is the practice in every contest. The motive is victory.”

Before conclusions are drawn on how I support the words of a person who is the most hated according to Indian mythology, let me tell you why the above quote was mentioned. I agree with one statement of Shakuni that resonated very well with what we as a part of the skill gaming industry are fighting for - ‘An expert in gambling (skill games) approaches another to defeat that person. Similarly, one who is the expert in the use of weapons (here, poker, rummy, fantasy games and gaming) approaches a weaker enemy (opponent) with the idea of defeating him. This is the practice

in every contest/game and holds true for life as well.’ Over and above, how does one become an expert in any field - learning and practising! I am not aware of any other means of being an expert!

So, the words ‘like any other sport or game, equal consideration should be given to gaming’ are what the skill gaming industry has fought for a decade.

Joining this fight to regularise and provide a safe habour to India’s gaming and skill gaming industry is gambling law expert Jay Sayta. The unsettled position of skill gaming in India has made the law around it unclear and grey. Despite the popularity and revenue generated by gambling and betting in India, the Indian laws and the Courts in India have opposed it. A complete dearth of credible information on gambling and betting laws made Jay sit up and delve into the nuances of this sector. Having extensively tracked issues on policy, regulatory, tax and legal matters and framework of gambling and gaming industry over the last decade, Jay had made his appearance in Madras High Court to challenge the constitutional validity of the amendment to the Tamil Nadu Gaming Act. How long have you practiced law?

I founded glaws.in a website to monitor and track gaming and betting laws in 2010 when I was in law school (glaws.in later got acquired). I have been actively

involved in advising and tracking the gaming space since I graduated in 2015. However, I made my first appearance in court only this year in Madras High Court to challenge the constitutional validity of the amendment to the Tamil Nadu Gaming Act. What hooked you into gambling, betting, and lottery laws?

In 2010, when I was in law school, I researched gambling and betting laws and found a complete dearth of any information or research materials online. This piqued my interest in the sector. Further, being a recreational poker player, I was always fascinated with the nuances of gaming.

How has the field of gaming laws evolved since you started?

There have been many developments in terms of cases being decided, new judgments being passed. For example, many High Court rulings favoured fantasy sports and some others on rummy and poker. Various state governments have also passed new laws to either regulate or ban the activity. So, the gaming law practice is also slowly evolving and maturing as the sector multiplies.

Where is India standing today in terms of responsible gaming practices?

Online gaming is at a nascent stage in India, there has not been much progress in terms of regulations framed by the government. Therefore, operators are left mainly to self-regulate

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COVER STORY

responsible gaming practices.

Many self-regulatory industry bodies such as the All India Gaming Federation (AIGF) and The Online Rummy Federation (TORF) have their self-regulation charters.

They prescribe deposit limits be imposed on players and giving options to players to opt-out or set their playing limits.

state list and as such law-making power on the subject lies with the state legislatures. Of course, when the Constitution was drafted, the internet was not invented, and regulation of internet-based activities which transcend state and national boundaries was not contemplated.

Online gaming is a subject that is very difficult for individual Do you think the legal states to control or regulate, given infrastructure and regulations the extraterritorial jurisdiction are adequate for the skill games and anonymity involved. So to progress in India? yes, an innovative solution I think there is a lot of ambiguity at needs to be found where the present on what games qualify as Central Government guides and games of skill, and once you have a formulates a uniform policy on game that is classified as a skillonline games, gambling and based game and involves betting betting. This can be done either or wagering, it would be outside by a constitutional amendment, the ambit of gambling. The recent using existing provisions wherein Madras High Court judgment in the centre can issue an advisory to August this year, striking down states or draft model legislation, or a law completely banning skillif the Supreme Court gives a ruling based online games like poker and that online gaming falls within the rummy, is a shot in the arm for the domain of the Union Government. industry. However, we still await final and conclusive clarity from The legality of online games the Supreme Court. is determined by the skill vs. chance test developed by the Each state has the power to Supreme Court. However, make its betting and gambling the test is not objective and laws. Do you think a lack of different courts have applied it uniformity in the legal position differently. Why do you think across states is an inherent that kind of ambiguity is already challenge? in existence?

Under the Constitution, the power The Supreme Court has said when to frame laws on gambling and a game involves a substantial betting falls within the ambit of or predominant element of state legislatures. Further, power skill, it falls outside the ambit of to frame legislation on law and gambling, and as such, no penal order, sports, entertainment and provisions of the Gambling or amusements, and trade and Gaming Acts of various states are commerce is also part of the attracted. Whether a particular 18

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game or format is based on skill or not is a question of fact and has to be decided depending on the mechanics of each game, its format, statistical and other data, mental and physical attributes required to play the game, and judicial precedence.

Therefore, as things stand today, the question of each game and format has to be decided on applying the preponderance test of skill over chance and analysis of the game mechanics. Hence, some subjectivity and ambiguity are going to remain as new games and formats evolve.

Don’t you think a blanket ban on games like poker and rummy and going against the Supreme Court’s statement that ‘Playing games that required substantial application of skills was protected by the fundamental right to carry on trade and occupation’?

The Madras High Court has recently ruled that operating online rummy, poker, and other games fall within the right to trade and commerce guaranteed under Article 19(1)(g) of the Constitution.

However, whether this view will be affirmed by other High Courts and the Supreme Court where similar laws are being challenged remains to be seen. The Supreme Court can also refer the matter to a larger bench of more than three judges to conclusively decide the issue.

Given the high growth potential of the gaming industry in India, many foreign entities are exploring

COVER STORY

possibilities to set up operations here. Owing to the current state of conventional online gaming laws in India, how feasible and an easy process do you think that is?

The online gaming industry has received over US$ 350 million in funding last year and is one of the fastest-growing sectors in the digital economy. However, some foreign investors are wary of the regulatory and policy uncertainty.

Clarity and stability in regulations at the Central Government will definitely go a long way in ensuring a manifold increase in foreign investment in this space.

Lotteries have been expressly excluded from the purview of the Gambling Legislation, and State Governments themselves organise, conduct, and promote lotteries. We all know how the lottery works and how gaming works, and how the winners are declared. Then why such evident discrimination between the two – when clearly one depends on sheer luck and the other requires subsequent skills and hard work?

Only state-run lotteries are permitted under the Lotteries (Regulation) Act, 1998, and State Governments are free to either permit or prohibit the distribution of such lotteries within their territories. The idea for this differentiation was to allow states to have an avenue for revenue generation through lottery sales.

I do not think there is any need to change this constitutional provision at this stage.

Madras High Court recently respited the online gaming industry when it struck down the Tamil Nadu Gaming and Police Laws (Amendment) Act of 2021.

Will this ruling also prompt similar judgements coming in from other states that have banned online games like poker?

The Madras High Court’s landmark judgment striking down Part II of the Tamil Nadu Gaming and Police Laws (Amendment) Act of 2021 on the grounds of

vagueness, manifest arbitrariness, lack of proportionality and infringement of the right to trade and commerce is a huge boost for the online gaming industry.

This judgment has persuasive value when the petitions in other High Courts challenging similar bans on online games are heard.

Of course, ultimately, the matters will be decided conclusively by the Supreme Court in appeal.

The Advocates Association of Karnataka cited addiction as

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a ground for banning online games like poker and rummy.

Is it right to deny online games purely based on addiction?

Shouldn’t the countries worldwide put a similar ban citing the same reason if that is the case?

In case the State Government wants to curb the addiction to online games, they should decide to bring proportionate and balanced legislation taking care of the interests of all stakeholders, including consumers, operators, and the public.

Why is public interest a commonly quoted reason when it comes to imposing a ban on online gaming, contrary to the fact that it is one of the most widely accepted by most Indians?

Under Article 19(6), the Constitution permits restriction on the right to trade and commerce if it is in the public interest. However, the Supreme Court has ruled on numerous occasions that such restrictions have to be balanced, reasonable, non-arbitrary and proportionate.

Concerns highlighting the ‘ills’ of online gaming, poker and rummy are being bought regularly, and petitions to ban and declare it illegal are being submitted. However, in all these, a need for an appropriate regulatory regime to be established is often cited. Still, there is no evident progress on that. Your comment?

Yes, an appropriate regulatory 20

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regime is needed that will take care of addiction by limiting the number of hours and stakes a player can play, providing counselling in case of excessive use, and giving an opt-out mechanism to the users who so desire. It is a complex issue in India as both the State and Central Government have to be involved.

The NITI Aayog has come up with draft guidelines for the regulation of fantasy sports. The larger issue of regulation of online gaming and gambling is currently being discussed at the highest level in the government. Hopefully, there will be movement in the right direction in the months to come.

Keeping in mind online poker players, will a comprehensive regulation help boost the number of players who want to play the game professionally and build a career without any stigma attached?

Yes, there is no doubt that a comprehensive regulatory framework and clarity on the game’s legality will help boost the number of players who want to take this up professionally.

typically associated with gambling as per the statute book.

Comprehensive new legislation and a clear policy framework that will differentiate online skill-based games from chance or luck-based gambling and betting is the only way to resolve this dichotomy.

Final thoughts on the regulatory framework needed in India to boost the growth of online games like online poker and rummy?

There is still a long road ahead before we get absolute clarity on the regulatory front, but several positive developments have been in the last few months.

Hopefully, there will be absolute clarity from either the Supreme Court through a comprehensive judgment or the Central Government through legislation in the next couple of years.

What are some of the career paths within the industry that are available to gaming law students?

Many law firms specialise or have a team advising on gaming laws- some have it within their Do you think using the term Technology, Media, Sports or ‘online gaming’, which includes Entertainment practices. It is online poker, online rummy, an evolving and dynamic area etc., interchangeably with of law with many fast-paced ‘online gambling’ creates developments as we move a major issue with the towards a regulatory regime. perception of the games?

The issue is that most state Any message for Gutshot legislations use the word readers? ‘gaming’ as synonymous with I will borrow a line said by gambling. Gaming has been Amin Rozani, ‘Good things are defined as all the activities happening in poker’!

2021

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You always win an argument WORST THING ABOUT BEING A LAWYER

You win an argument but lose friends YOUR FAVOURITE HOLIDAY DESTINATIONS

Colombo, Phuket and Goa YOUR FAVOURITE POKER PLAYER

Aditya ‘Intervention’ Agarwal and Dhaval Mudgal IF NOT A LAWYER, THEN?

A journalist FAVOURITE CUISINE

Dal and Roti THE BOOK YOU CURRENTLY READING

A Rude Life by Vir Sanghvi G UTS H OT

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POKER

Up and Personal with Thailand’s Numero Uno, Phachara Wongwichit With an early indulgence in competitive strategy poker games, Natural8 Ambassador, Phachara Wongwichit is an inspiration to Thailand’s youth.

By Shweta Maheshwari

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professional player, an influencer and an inspiration to Thailand’s youth, poker star Phachara Wongwichit has bagged the titles of many big tournaments. Needless to say, his early indulgence in competitive strategy games played a crucial role in his professional poker career. We connected with Phachara Wongwichit who significantly contributed to shaping Thai poker to know more about him, his strategies, his experiences and more. Here’s what he had to share: What made you take up the proposal of working with a brand like Natural8?

Natural8 is a rapidly growing Asian brand, allowing me to enjoy the geographical proximity of my existing Thailand market.

Besides easy operability, Natural8 was already a huge name even before I planned on associating myself with it and provided multiple gaming options. On top of that, I also knew key people inside Natural8, which added to the credibility and trust of this association.

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How did you get into poker?

What were your early experiences like?

I was always interested in card games, board games and strategy games. So naturally I took a liking to poker from a young age.

However, I did not take it seriously until I graduated university.

Once my academic liabilities were out of the way, I had a lot of free time to indulge in poker.

Subsequently, I started reading books and surfing through online stuff related to poker and how to improve my skills. I started playing micro stakes and then moved to live cash games at local casinos.

Eventually, I lost the first two or three buy-ins, before building up my bankroll from there without ever looking back.

How do you prepare for a poker tournament? Do you make any changes to your daily routine before you start preparations?

I try to sleep plenty and eat well before a big tournament. But things hardly go as planned when you have money at stake! Also, if I haven’t played much recently, then I consider indulging in a few smaller turbo tournaments 2021

Phachara Wongwichit to warm me up a day prior to major events. I do not try to add any new arsenal to my poker game or strategy right before a tournament. Finally, I consider long term association with the game and not immediate preparatory hacks.

POKER

As a professional poker player, you must have made and observed some miscalculated moves on a poker table. Which one do you remember vividly?

I had the top three pairs in a PLO game on the turn with 6892 on the board. Then the river opened to 7 and in my mind, I had made a full- house and shoved all-in thinking it paired the board. I got a snap called by a straight, leaving me shaking my head and the tablemates dumb found. Quite unwise of me!

What are the most nail-biting moments that you have lived in your poker career as a professional poker player?

I could still vividly recall the heartbreaks on the big money final tables. However, for happier moments I was glad to win a single day high roller in Cambodia a month after joining my team to promote poker in Thailand. More so, as I was under pressure to produce a trophy for marketing content and a week earlier had just finished 3rd and 4th in the Red Dragon series in Korea.

Does playing poker for long hours get tiresome? If yes, how do you bounce back?

Yes, it definitely gets tiring.

To recoup, I usually take a few days off, just to sleep in, sorting non- poker things out, in general trying not to think about poker for a while. From time to time, I’ll take a vacation and plan some activities.

How does it feel to win so many poker tournaments? Do you have a fixed formula that works for you?

Nothing equals the feeling of coming first and winning the maximum, whilst leaving no money behind (hahaha).

But I don’t have any special secret other than one i.e., more volume equals more results. Of course, having skills is more of an advantage and bankroll is a major factor. But in the end, it all comes down to practice.

looking forward to play?

All of them but especially the WSOP in Las Vegas, as it pulls the largest gathering, allowing me to catch up with most of my friends.

What advice do you have for budding poker players who wish to become pros?

Firstly, constantly improve your game and try not to think you did everything perfectly or that you have mastered the art. Trust me, it’s not that easy! Secondly, don’t let short term variance fool you, whether it is an upswing or down. Plus, neither let a good run make you think that you are way too good, nor a downswing break your motivation or confidence.

Players like PhacharaWongwichit, who believes that poker is more than a gamble game, are indeed the inspiration for the newbies of the online poker world. His devotion, persistence, and hunger to continuously improve his game have shaped him into the pro player he is today.

Where do you see yourself five years down the line?

Traveling extensively to playing live poker tours, both in a professional capacity and as mildly competitive recreational outings. Would be nice to see familiar faces and meet new people along the way.

You are numero uno in Thailand’s all-time money list, what is that feeling like?

It’s nice but it’s still just a number. Obviously, I expect someone younger and hungrier to overtake me in time. In the meantime, I try to use this position to promote poker in Thailand and show that there is far more to it than just a gambling card game.

RAPID FIRE WHO IS YOUR FAVOURITE ‘TEAM HOT’ COLLEAGUE? Michael Soyza and Danny Tang FAVOURITE DESTINATION TO PLAY LIVE POKER? Las Vegas MAIN GOAL AS A POKER PLAYER? Financial freedom ONE WORD TO DESCRIBE NATURAL8 AS A BRAND? Asia’s number one poker brand

Live events are slowly returning, which tournaments are you G UTS H OT

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T H E N O TA B L E

Gutshot Player of the Month Varun Meena Breaking The Shackles

By Donna Amo Every month, the Advisory Board at Gutshot Magazine chooses the month’s best player from a list of nominees based on their online performances. With the online circuit filled with various talented players, for the month of August 2021, it was Varun Meena aka ‘Ganjababe’ from BLITZPOKER who was chosen as the Player of the Month.

Hailing from the ‘Land of Maharajas,’ Varun is a 25-year-old Rajasthan-born poker professional. He made his decision to become a full-time pro player back in 2018 and since then has not looked back on his journey. He started as an MTT player and enjoyed a good run before turning his attention to Pot Limit Omaha (PLO). We spoke to Meena, who was excited and open to talk about his poker journey and the challenges he faced since becoming a professional. With an enthusiastic streak in him, Meena was surprised and happy about being chosen as the Player of the Month. Here is our conversation with this poker pro.

Congratulations! How does it feel to be chosen as Gutshot’s Player of the Month?

I feel very honoured to be chosen as Gutshot’s Player of the month.

It means a lot to receive this kind of recognition.

Who introduced you to poker or was it something you discovered by yourself?

I was introduced to poker during my IITB days in a hostel social event by some seniors. I found the game very intriguing from the beginning. Once I learnt a little more about poker, I started playing with my batchmates. My shift to online poker happened when my college had an event with a site called StarPoker, they had hosted a freeroll for the 24

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students and I finished in second.

This gave me the confidence to play online and the rest is history.

The most challenging thing I experienced as a player was in 2018, when I finally decided to quit my job and be a full time Poker tournaments always run poker player. Apart from a few of late into the night; how do you my close friends, everyone lost keep your focus when pulling in their minds. But I was sure of my the long hours? decision and I can say that it has I have always been a night owl, been a good one. you could say that being an engineering student does that You once shipped an Ultimate to you. I have also adapted my 6 Card PLO tournament, how sleep schedule in such a way that was the experience and is PLO I don’t have any problems while your preferred poker variant? playing late at night. I sleep for at I absolutely love playing Pot Limit least 7-8 hours a day, you have Omaha. Firstly, there is never a to be well-rested to be on top of bad run in PLO, just variance. your game.

If you don’t get frustrated and remain on top of your game What was the most challenging in the long run you will find thing you had to face as a success. I have shipped the poker player?

Ultimate PLO tournament on 2021

T H E N O TA B L E

Username Total winning amount No. of tournaments played

Ganjababe 10,03,412 140

% win Tournaments total buy-in amount

9.33% 2,49,674

No. of times ITM

18

Avg.count of bullets fired in tournaments

67

Biggest win amount

492,712

Winning tournamet Destiny

GTD Buy-in Bullets Rank fired 23 L 5500 0 2

that you’re looking forward to shipping?

The one tournament I am looking forward to shipping would be the IOPC PLO Highroller. All the top PLO pros of the country compete in that one and to excel in it would be brilliant.

Winning amount 492,712

Spartan Poker close to seven or eight times now. I was also a regular PLO-4 cash game grinder for 1.5 years before I decided to go back to grinding in tournaments.

area, I always discuss it with my poker circle, so that I don’t get stuck in the same problem again. I think all these have helped me do well on the online felts.

You regularly grind on BLITZPOKER, what has your experience been like on the platform?

BLITZPOKER has a wide range of tournaments covering low, mid, and high stakes tournaments.

The structure and the guarantee of its tournaments are currently best in India. The software is a lot smoother and provides a lot of customisation that makes it easy for players to use.

What strategy do you follow when playing against certain types of players? Do elaborate a little more.

I used to follow this in my early days, so I’m sure small stakes players reading this would find it helpful as well, mainly because there are a lot of weak and passive players. a)Frequently bet when checked to, especially with hands that want fold equity. b) Make substantial bluffs when the board gets scary. c) When your opponents raise, fold your mediocre hands, continue with your best hands and draws that are getting correct odds. d) Understand that some players will call the river almost every time as they call the turn. e) Use bet sizes that make them feel as if their stack is at risk.

According to your performance on BLITZPOKER, you have managed to recover four times the amount you spent on your buy-ins, which is quite impressive. To what do you owe this incredible success to?

I regularly study the game at least twice a week. I also follow streams and YouTube channels of some very good poker players. Whenever I have a problem in a particular

Since you started playing poker, what is the one tournament

There is still a misconception about poker being a game of chance, what do you say to those who question your involvement in the game?

The thing is that people don’t want to really understand, the moment they see cards, they assume it’s gambling. I have tried to change the misconception of the people around me but there’s not a lot you can do if they are not willing to listen. I want to tell everyone genuinely how beautiful this game is. About how many things it involves from maths to storytelling to psychology and much more. I hope someday the majority of the people understand that poker is more than about winning or losing money.

For poker players going through a tough time, what is one word of advice you would like to give them?

If you want to be successful and move up the stakes, you have to be acutely aware of where your money is going to and coming from. Stay organized and disciplined, get rid of the “get-rich-quick” mindset, and focus on long term growth if you want to be successful in poker.

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https://bit.ly/GS100Spartan

https://bit.ly/GS100Spartan

POKER

Call Break to Test Indian Gaming Waters We spoke to Dmitry Starostenkov, CEO, EvenBet Gaming, to dive deep into the thought behind launching a card game like Call Break in India and how the brand looks at the legal entanglements around online gaming.

By Mrinal Gujare

“I

n the end, all business operations can be reduced to three words: people, product, and profits,” says Lee Iacocca.

This quote aptly defines how EvenBet, a gaming solution brand, has been expanding its foothold across the globe. 38 countries, 120 poker rooms, 35 poker games and 15 million gamers have led to this online poker giant capturing a considerable chunk of the online gaming industry across the globe.

EvenBet recently set up a base in India, with the multiplayer game called Call Break. The firm has cemented its position as a treasure island for all things poker. This software development brand is pushing the envelope to broaden its reach into lucrative gaming

Dmitry Starostenkov, CEO, EvenBet Gaming 28

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arkets with the latest addition.

To dig deeper into the newest adventure by EvenBet, we spoke to Dmitry Starostenkov, CEO of EvenBet Gaming. We quizzed him on multiple fronts, which led to quite an eye-opener. If you are someone who enjoys card games, then this interview is a must-read for you.

Excerpts from the interview.

Call Break is the 35th card game adapted by EvenBet. Given that there are multiple card games, what sets Call Break apart?

Call Break is a strategic skill-based game. After getting their cards, players have to estimate the chances of winning a certain number of rounds. One should use memory, 2021

mathematics and a robust strategy to succeed in Call Break. These aspects set the game apart from other card games.

What prompted EvenBet to include Call Break in its product offering?

Call Break is a new game with rapidly growing popularity in our target markets, including India. Call Break is one of the top four skill-based games alongside poker, daily fantasy sports, and rummy in those markets.

We wanted our customers to benefit by adding Call Break to their portfolio while it is growing. Besides that, EvenBet Gaming specializes in skill-based game development.

POKER

Regarding your operatorcustomers, what kind of engagement levels are you expecting post the launch of Call Break in India?

Like I said earlier, the game is new and will receive much attention; only a few operators have Call Break in their product offerings. As a highly demanded game, it will certainly help our customers to gain more players who want to try it. In our experience, adding such a game might increase player influx from anywhere between 5% to 30%, depending on the platform’s size and user activity. But of course, it requires some marketing effort and acquisition strategy as well.

Do you feel card games can get equal stature compared to fantasy sports and esports in India?

I’m sure of it. A card game like rummy is a part of the country’s gaming culture. Even globally, according to the research done by PayPal and SuperData, 27% of online gamers regularly play card games. In India, this number is more impressive, especially for mobile gamers.

The online card games vertical is booming. Some multi-game platform operators initially specializing in fantasy sports and esports are actively extending their card games portfolio. Mobile Premier League (MPL) is one of the most notable examples.

From an online gaming software developer’s perspective, how lucrative is the Indian market, given the legal issues faced by the online gaming industry?

At the moment, everything depends

on the product. As long as skill-based games are legal across the country minus a few states, we will see rapid growth in this sector. In 2019, the skill-based gaming market was estimated to be around $62 billion, and by 2024, it will hit the $250 billion mark. About 55% of casual gamers, according to our data, are below 24 years of age, so this audience will continue to play for a long time.

Recently, Madras High Court struck down the Tamil Nadu government’s ban on online gaming. Your opinion on the HC ruling.

We welcome the court’s decision. The online gaming ban was an impulsive decision that was not supported by any regulatory framework or other legal procedures. Simply banning everything only leads to black market growth. The online gaming market in India needs more stability and reliability both for operators and for the players.

Do you feel uniform legislation could solve the legal entanglements of the online gaming industry?

Most European countries show us it is possible; establishing uniform legislation will curb the black market growth. Players are more protected from fraud, and licensed operators can work safely. If the legislation is uniform across the country, it allows a gaming company to operate on the national level without risks.

How do you see the online gaming industry shaping up in the near future?

We will see some trends which are expected to shape the online gaming industry. The dominance of mobile devices that scale up to 90% in some markets; a strong preference for multi-game formats; the growing importance of engagement mechanics that were previously uncommon in real money gaming are some trends industry experts are keeping a close eye on. These trends will make the online gaming industry a more dynamic space.

Innovative technologies will make gaming safer. An automated Know Your Customer (KYC) system, Artificial Intelligence (AI) to prevent fraud, and AI-based personalization similar to those used by Netflix and Amazon are some upgrades that will occur in the coming future.

After a refreshing conversation with the head honcho of EvenBet Gaming, any gamer worth his salt would look out for the progressive changes that await the Indian online gaming arena. Be it Call Break or online poker; there is no stopping EvenBet from achieving spectacular heights in the gaming space. The online poker industry has witnessed astonishing success, along with some legal setbacks. But nothing has deterred this industry from bouncing back stronger. As for the gamers, these folks barely take a breather and, with the launch of Call Break, the daily schedule will only get busier.

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GAMING

Resilience Esports – Discovering Untapped Opportunities The northeastern states of India are experiencing an outbreak of esports talent. Swooping in to hone and provide a platform for these young athletes is Resilience Esports.

By Donna Amo management. We believe that by helping and developing others, we will grow and upgrade ourselves in this process.

Resilience Esports Founder Dhiman Kashyap with co-founders Navarun Gogoi - CTO and Ankita Kanungoe - CFO

R

esilience Esports is one organisation opening the doors to many aspiring gamers and content creators from the northeastern part of India. Powered by a vision to contribute to the healthy growth of esports in India, Resilience Esports is making sure that gamers from the northeastern part of India are also given the same opportunity.

Sharing his thoughts about esports position in India and a word about Resilience Esports is its founder, Dhiman Kashyap.

What is the story behind the inception of Resilience Esports?

The core value of establishing Resilience Esports is turning hobbies into professions in an organised and systematic manner where we like what we do and

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do what we like. The founding members are gamers by heart, so we developed an approachable, accessible, and sustainable platform.

Tell us more about the mission and vision of Resilience esports.

The vision is quite simple - we plan to make a better environment for esports to grow in India and the region. We are working towards the betterment of esports by fostering our teams for competitive tournaments in esports, providing monetary and non-monetary support to content creators, and introducing international brands and companies to the Indian market. The infrastructure we have in place will give necessary provisions for uplifting athletes and content creators with proper 2021

What are your thoughts on the rising esports talent in the Northeast part of India?

We have considered esports on a national level, where we look at the scenario for development within the country. As Resilience Esports’ founders are from the northeast part of India, we are looking for upcoming talented and hardworking members from this region. However, the lack of internet connectivity and speed in some areas of northeast India hampers the growth of esports and its enthusiast. But we have found immense passion and dedication emerging from the players of this region, making this a gold mine for talent for India. We at Resilience Esports are always ready to extend a helping hand to the people who are willing to join our cause and fight for the betterment of Indian esports.

How have you been able to work with the players from these different regions?

We all know the diversity of

GAMING

people coexisting in the northeast part of India. Still, the point that unites us is the love for esports and appreciation for its community. This has been the anchor point while working with esports athletes and enthusiasts.

When working with a diverse group, we have basic guidelines for collaboration and mutual respect for the person and their work, which propels us to look beyond the differences and come up with synergies that yield results far more significant than our expectations.

How is Resilience Esports helping brands to find the right influencers for them?

Resilience Esports have specific programs where we connect with influencers who need monetary and non-monetary support and are willing to collaborate with us in an exclusive as well as non-exclusive manner. We connect them with brands and companies who have the capital but require the influencers’ visibility; thus, meeting each other’s requirements and mutually benefiting in this process.

We screen, manage and direct the brand to the right influencers to produce optimal output. Currently, Resilience Esports has more than 500 influencers working alongside us and are connected to more than 30 global brands.

How important is it to provide programmatic campaigns ideas to brands which mutually benefits both the brand and creator?

When we are working alongside or are partnered with brands for campaigns, we cater to their specific criteria and requests. The non-programmatic campaign for brands only provides audience visibility in a generalised manner.

However, programmatic campaigns have provided more effective results as they are presented to the audience interested in the product or the campaign. The results and output of programmatic campaigns give the brands better visibility and better monetary and non-monetary benefits to the creator. Our creators can provide around 5 billion impressions monthly which need to be used in the best possible manner.

Tell us more about the most prominent developments that Resilience Esports has in store in the coming months.

We are internally planning and working on some exclusive projects ready after Diwali or by year-end.

Few of these would include events such as official tournaments with high prize pools, talk shows where we shall get few early access news for certain upcoming games, and major merchandise brands partnering with us where our influencers and athletes will be able to get the benefits for these activities. Besides these, we are also planning for infrastructural development under Resilience Esports to expand the team size.

How important is it for an industry like esports to be regularised in India?

Being unregularised means not being able to be monitor and calculate the growth of the Indian esports industry. Reports of fraudulent cases and malicious activities in esports have often been raised, along with criticism concerning fabricated results in a game. With a regulatory body that works effectively, these problems will reduce substantially, making eports a much better experience for people. We need to approach everything systematically and pre-planned so that the growth is optimal within our organisation.

With esports gaining more recognition as an official sport, how will this help the industry overall in the future?

Esports gaining recognition as an official sport will be a huge step up - it will allow the platform to operate officially with proper regulations, verification, and direction. From the perspective of opportunities and people pursuing esports, it will be a very organised process and maybe centralised in the long run. For any sector to be developed and recognised, the people/representatives should be chosen carefully. They would be the face of esports and will represent the body. Since esports in India is at a very nascent stage, not having the right set of people regulating it might put the whole dynamics on a negative scale. But being optimistic about esports for a long time, I think everything happens for good, and this too will be for good!

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A Legal Game of Hide And Seek As unclear laws and lack of regulation continue to disturb the RMG’s promising potential, we take a look at what the country seeks to gain if the legal doors for real money gaming swing open.

By Donna Amo

A

lot has been talked about when it comes to having stringent laws on gambling and betting, but having one wholesome regulatory framework made for gaming isn’t something that has been actively considered in India. One of the significant reasons why as soon as an online game gets its share of popularity among the masses, a call for regularising, censoring and monitoring and, in extreme cases, ban, get filed in Indian courts.

Biggest examples were the ban of PUBG under Section 144 of the Criminal Procedure Code, 1973 and the cry to ban Pokemon Go. In an article ‘Online Gaming, Gaming Laws & Legal Puzzles In India’

by CS S. Ravishankar Company Secretary in Practice, Partner – ASR & CO, he happens to give a quick walkthrough of the uproar that Pokemon Go, which was not even officially launched in India, caused. He quickly detailed the consequences that followed due to the absence of regulations on online gaming. Owing to the download of unauthorised versions of the app, some of these apps are not bound by the law!

In fact, unlike a temporary suspension of the game’s servers or a restriction of access to it, the

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ban does little to truly alleviate the problem. On the contrary, the negative attention that PUBG receives is simply increasing its appeal and causing more curiosity about what makes it so offensive.

Instead of turning to drastic measures, proper regulatory standards must be investigated and implemented.

Gaming laws in India India does not have a unified gaming or gambling law (these two terms are used interchangeably, keeping in mind the Indian law judiciary). Gambling is a taboo topic in India so many, states are not comfortable with the idea of it being legalised in the country.

Due to this reason, some states such as Telangana, Gujarat, and Andhra Pradesh have banned all forms of gambling completely.

Sameer Barde, CEO of The Online Rummy Federation (TORF), commented, “There is a need to have a licensing body which will put down processes for companies to obtain a license to run an online rummy platform which will weed out non-eligible players right at the beginning.” If proper regulations are put in place, the process will prevent or penalise illegal operators in the country. Moreover, this will also protect and safeguard players.

2021

Manav Sethi, Chief Marketing Officer, Octro Inc

There are self-regulatory bodies like (TORF) and the (AIGF) trying their best to regulate the industry.

However, regulations set by the government would be even more effective in creating a safer gaming environment that also benefits the economy. States like Goa and Sikkim have legalised and regularised casino-based gambling.

This has helped the industry flourish and helped the states boost their economy through the revenue and employment generated by this decision.

Other regions like Maharashtra and West Bengal have permitted real money skill games like poker and rummy while banning games of chance, which is a stand taken by the rest of the states in the country.

The uneven gaming laws and absence of a regulatory body also

GAMING

hampers the immense growth of online gaming in the country when contributing to India’s economic prosperity.

growing unlicensed, unsafe black market that employs no one, pays no tax and contributes nothing to UK plc.” A valid point!

The ‘foreign’ laws Countries like the United Kingdom (UK), USA, China, Australia, Ireland, Finland, Canada, and New Zealand have legalised, and regulated gambling activities and have also experienced its benefits.

The United States of America (US) is another country with regulated gambling industry.

Earlier, gambling was illegal in almost every US state except for Nevada and New Jersey. In recent years, other US states have started legalising certain types of gambling like casinos, horse race betting, etc., while different types like online gambling are still illegal. However, even with these restrictions, the US online gambling market was valued at $1,978.57 million in 2020 (Global News Wire). This indicates that a clear legal and regulatory framework for online gaming is possible, safer and more beneficial.

In the UK, gambling has been a recreational activity for centuries, with the earliest recorded horse race betting dating back to 1539.

The Betting and Gaming Act of 1960, passed by the British Parliament, legalised additional forms of gambling but was a little restrictive. However, with the Gambling Act of 2005 being passed, UK is one of the countries with a well-regulated framework for the gambling industry. The current gambling act was designed to curb illegal gambling in the country, with regulations to make it safer for people to gamble.

Not only has regulation protected players in the industry, but it has also benefited the county’s economy. As per an EY report, the British gambling industry contributed £7.7 billion to the country’s economy in 2019.

Commenting on whether tightening gambling laws in the UK would prove beneficial or not, Michael Dugher, CEO of the Betting and Gaming Council, said, “If people were restricted from betting in the regulated industry, they would simply migrate to the

China has mostly banned gambling in all parts of its vast country except one. Macau is a region in Hong Kong and the only place where casinos are legal in the country. Gambling has been legal in Macau since the 1850s as an attempt by the Portuguese government to generate revenue.

Since then, the gambling industry in Macau has skyrocketed, resulting it being called the ‘Monte Carlo of the East. In 2019, the income earned from the gaming and gambling industry was more than $29 billion. In the case of Macau, legalised and regulated gambling has done what it was called to do, which was to bring in revenue.

Michael Dugher, CEO, Betting and Gaming Council, UK

Manav Sethi, Chief Marketing Officer of Octro Inc, said, “With the largest youth population globally, India will soon become one of the world’s leading markets for gaming. The gaming industry is going through a ‘Boom’ period, resulting in game developers and platforms ramping up their hiring efforts. When the sector goes through a period of rapid growth, it undergoes a cyclical effect beginning with investors (both domestic and foreign) who want to invest in the space, leading to a flurry of employment opportunities across the board. These opportunities could range from designers, developers, animators, sound and audio engineers, gaming critics and testers, just to name a few.”

Are the obscure gaming laws of India potentially blocking the development of this vertical when it needs it the most? Here, the decision of the Madras High Court is significant because it is slowly directing the path of the future of online gaming in India.

Whether that path will lead to a complete reformation of the gaming laws, we will have to wait and watch.

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ESPORTS

The Legal Facet of Indian Esports: A Reality Check Among the stories of prosperity and growth potentials of esports in India, there are some grappling legal issues that are quite prevalent. Dr. Mitsu Chavda, an actively practising esports lawyer shares her take on the esports legal puzzle.

By Amarylisa Gonsalves

E

sports is a rapidly growing industry. While we, as a country, may be just beginning to understand the industry, we cannot ignore the fact that even at this nascent stage the industry is facing internal and external legal issues.

The newness of the industry, the lack of a central regulatory body along with the law to govern it, the lack of awareness among the players and other stakeholders, the lack of acceptance and the taboo surrounding esports; the reasons for the arising legal issues are just too many to even list down.

To understand what issues are currently prevalent in the esports industry in India, we connected with Dr. Mitsu Chavda, an esports lawyer, a legal advisor and a social activist. She shared her take on the legal puzzle of esports, the loopholes and the day-to-day legal issues she comes across as an active practitioner in the field.

Tell us about the different legal aspects of esports in India?

Esports is a catching-up field. We

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have seen the advent of video games since the times of Sega, Atari and 16-bit, 32-bit games but with the advent of better internet facilities, 5x growth is visible since 2005. It is at a considerable level at this point in time. Laws such as cybersecurity law, contract law, criminal laws, IPR, and copyright apply to e-sports just as they apply to other areas of the society. We should pay close attention to any changes in laws and emerging trends to ensure we are never offside.

What do you do as an Esports lawyer?

- Drafting, review, and management of e-sports contracts; - Advice and consultation on sponsorship; - Right of publicity (intellectual property) - Governance, integrity, and supervision; - Rules, regulations and management of competition/ competition organisation; - Drafting related to esports constitution of the association; - Dispute resolution 2021

Dr. Mitsu Chavda, Esports Lawyer and Legal Advisor When we talk about esports, tournaments play a vital role. What are the different legalities of esports tournaments?

Tournaments are engaging spaces of various stakeholders and hence it is a bit of a multi-

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stake affair. On the organizers’ side, there are organizers and game companies along with their various sponsors. On the players’ side, there are team relationships and internal relationships duly regulated by their vantage.

Additionally, in-game they are regulated by contractual obligations as entered into and duly applied. There are contracts between players and their vested interest parties, which are regulated by the Indian Contract Act. These relationships are about sponsorships, endorsed benefits and share to benefits as accrued.

Another important factor is esports organisations and player contracts. Does India have any specific laws for the protection of players against adverse contracts? If yes, tell us a little more about it.

If you consider specific laws to esports, there is no code specifically regulating esports but the various laws from the various domains regulate commerce and relationships come into play in esports. It’s at a nascent stage.

Every player, group, alliance, and competition needs to have a lawyer with incredible comprehension/knowledge of the contract and agreement law.

It will help them in drafting, arranging, marking, settling, and understanding the agreements.

Players on their part must try not to sign agreements without lawful direction i.e legal guidance, no matter how lucrative the offer is.

Players should look for legal

assistance to secure themselves and guarantee that they do not transfer ownership of their privileges for little advantage. Escaping such lawful responsibilities can be extremely hard or inconceivable.

What laws or legalities do esports organisations need to follow to make a player contract?

Three phases regulate the relationship when it comes to player contracts - when a player is not playing but is on rolls of a company, during a tournament and general endorsement.

One has to understand that tournaments are time-limited and so are the rewards, exposure and benefits.

The endorsement a player undertakes and what he/she portrays becomes a decision of the company that manages the players off the game. Also, contractual obligations if entered into apply when a player plays on his own. The ambit of ongoing tournaments is limited by contracts or organisation which organizes and the player caretaker organisation.

The third part is generally applicable to stand-alone payers or those who opt for their specific rights under one or two esports contracts. These are not different from regular contracts but have specific regulations and mentions under ID, login rights and web presence as applicable from case to case basis.

Contract negotiation for groups/ teams/organisations is essential.

They guarantee the groups get the best arrangements that address each person of the group, individually and collectively. Single individuals are in more need of such contracts and arrangements since they are often helpless, organisations may generally exploit such players/gamers. This is where the players require the contracts and agreement law considerably more.

Hence, lawyers with esports knowledge are the need of the hour.

Similarly, what laws come into place while forming an esports organisation?

One has to clarify what kind of esports organisation one is making - a company, a society, a trust or any other legal/ non-legal body as well as the areas of functioning. The only difference between esports organisations and traditional sports organisations is the virtual presence, the functions are the same.

What are the most common legal issues regarding esports in India currently?

The most common legal issues regarding esports in India are contracts, salary disbursement and player poaching, to name a few. Apart from these, rights of creators of games, stakeholders, organisers and players; interorganizer rights; player sponsors and player organizer rights are also some common legal issues in Indian esports.

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Esports betting: Legitimate Or Not? While esports betting may still be a vague notion for most of us, it is a full-fledged developed concept for many. But is it legal in India? If not, why?

By Amarylisa Gonsalves

Archana Balasubramanian, Partner, Agama Law Associates

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sports’ growing popularity has caught the eyes of the betting industry. Esports betting, involves betting on the best esports players, teams, tournaments or matches, based on individual preferences and predictions. Games like Counter-Strike: Global Offensive (CS: GO), League of Legends, DOTA 2, Fortnite, Overwatch and Hearthstone are popular choices for esports betting.

The mix-up!

Betting, is often viewed in a negative light, but that depends on the betting one indulges in. Talking about if esports betting is legal in India, Archana Balasubramanian, Partner at Agama Law Associates, says, “Presently, betting or gambling in esports does not fall under the traditional definition of gambling under the Public Gambling Act, 1867 and is hence, unregulated. Gambling typically applies to games and sports that

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are speculative. With esports, the playing itself is not speculative.

One must remember that the law does not prohibit online gaming.

Betting, however, is a different ball game. Esports is often confused with gambling games. But it is important to appreciate the difference.”

“Betting in esports depends on whether it falls within the skillbased or chance-based category; however, it is unregulated. The legality would have to be tested for each betting format/website unless clear regulations are promulgated.

Most Indian legal literature focuses on online gambling, which is a very different ball game from esports.

The acting laws We asked Archana under the purview of which laws does esports betting categorise. She says, “While the Public Gambling Act, 1867 is the only centrally recognised law related to gambling/gaming activities in India, little or no steps have been taken to codify a regulatory framework governing the operation of esports/online gaming esports betting related businesses in India.” It is to be noted that currently, legislations like the Public Gambling Act, 1867; IT Sensitive Personal Data Rules; Prevention of Money Laundering Act, 2002; Information Technology 2021

Act, 2000 and The Advertising Standards Council of India cover the areas related to e-gaming but not esports specifically.

Betting on India’s betting rule Talking about where India stands in esports betting and if it has a future in the country, Archana says, “Esports betting is gaining massive popularity on various online betting platforms. The regulatory grey areas are presently being exploited by many as there is no prohibition or blanket embargo on esports betting in India as yet.

However, it must be remembered that as and when there are legislations in India for esports/ regulating betting in esports, the same will be stringent much like the current gambling regulations.”

While esports betting may not be in the right light currently due to the unstructured and unregulated legislations around it, one cannot neglect the prospects and scope of the activity. Esports betting also involves placing bets based on a thorough statistical analysis of data, analytical reasoning and right decision making, not mere chance or luck. Esports betting can fall under the purview of skillbased betting. It is imperative to introduce a necessary legislative framework to regulate theindustry challenges of esports.

ESPORTS

The Onset Of Esports Player Protection in India With a tagline of ‘Guard the Gamers,’ the Esports Welfare Association (EPWA) is a first of its kind non-profit organisation founded solely to protect the interests of esports players. Ritesh Nath, Founder and CEO of EPWA, sheds light on this newly launched organisation.

By Amarylisa Gonsalves

T

he esports scene in India has been growing manifold over the past few years.

While the industry is witnessing greater heights, it is also becoming a lucrative arena for business operations.

Investments, takeovers, acquisitions, new organisations, partnerships, sponsorships, player contracts are now part and parcel of this budding industry.

With more significant business opportunities come greater risks and vulnerabilities to the stakeholders of the industry. One such group of stakeholders that stand at greater vulnerabilities are the esports players. Esports players can safely be called the soul of the industry. However,

the young players are often exposed to unfair practices for several reasons, lack of awareness and the unregulated nature of the industry. The need for a standalone body that could protect the players’ interests was indeed the need of the hour. That’s precisely why EPWA stepped in.

The recently launched Esports Players Welfare Association (EPWA), is a non-profit organisation whose sole objective lies in protecting and sustaining the rights of esports players in the country. The organisation provides services like career advice, creation of community, contracts, legal advice, and dispute resolution to the country’s

young talent. We connected with Ritesh Nath, Founder and CEO of EPWA, to understand more about the organisation. Here’s what Nath had to share about the novel organisation and its objectives.

What was the idea behind starting EPWA? The idea behind starting EPWA was solely to protect and safeguard every player in the esports arena, whether amateur or seasoned. Every industry has unions or communities/ associations that very well put the interests and safeguard of their respective members at the forefront. On the other hand, the esports industry of India and its players who are exposed to all kinds of nuisance from time to

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time have no such union that would think and look after the interests of these talented players.

Is player exploitation actively happening currently in the esports industry in India?

Yes, to a large extent, this is a widespread occurrence in the esports industry. A lot of it comes down to a lack of access to credible guidance and general unawareness.

Most often, players tend to be unaware of rules and regulations associated with them, which leads to them being misled and exploited.

How does EPWA plan to protect player rights and interests?

EPWA aims to be the authority when it comes to shielding the interests of esports athletes across India. We will be ensuring that the professional, legal and contractual rights of esports players in India are safeguarded thoroughly.

Can you elaborate on the need and scope of professional governance among esports players?

The future of esports in India is bright, especially due to the penetration of 4G and the subsequent surge in mobile gaming.

Professional governance and structures are vital to the success of any sport; the absence of either in the esports industry in India is one of the key drivers that led to the formation of the EPWA. What are the different areas EPWA looks forward to catering to?

Being established on the 38

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values of fairness, equality, transparency, and accountability, EPWA endeavours to support enrolled esports players, the most crucial part of the whole esports ecosystem with services like legal advice, contracts, career advice, dispute resolution and community building.

EPWA aims to work with various government bodies in formulating policies that will form the foundation of the esports ecosystem in India.

Can you tell us about the basic structure on which EPWA works?

EPWA works on a membership format. A player or streamer must sign up on the website to become a member after which they will have access to the above-mentioned services and much more. We currently have an option for both paid and free memberships depending on what the player is looking for.

As one of your major focuses is providing legal advice. Can you elaborate on that? Why is it needed and how does EPWA plan to do it?

Strong, fair and legally sound contracts are an integral part of any esports players’ career in the world, and India is no different. Professional and amateur esports players alike are bound by contracts with their teams, sponsors or in some cases tournaments as well.

EPWA will offer legal services to its members to ensure these contracts are sound and fair.

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Ritesh Nath, Founder and CEO of EPWA

Can you elaborate on the dispute resolution objective of EPWA? If any player is addressed with an adverse or hostile situation vis-a-vis their contractual rights from team principles, tournament sponsors, and such other similar issues. EPWA aims to guide and direct them on the best way forward, either themselves or through third-party legal experts.

Is there a need for a central legal body and central laws in India for esports?

Yes, definitely. It is imperative to have a government recognised esports federation in India.

Regulation of the esports Industry and a neutral environment for industry stakeholders to ply their business should be the primary focus of the authorities.

FA N TA S Y

The Legal and Tax Matrix of Fantasy Games Though legalised, fantasy sports are yet to get a status of ‘skill game’. We take a quick look at theperceived lack of legality and how the winnings are taxed ononline fantasy platforms.

O

ver the last few years, the conception of fantasy sports platforms has created a new kind of sports followers who have learned to make money through fantasy platforms by just following their favourite teams and players. IPL has provided an excellent opportunity to attract new users to these platforms. So how do users benefit from looking at their favourite players and teams?

How it all started?

Fantasy sports competitions had started rooting in India from the early 2000s. However, it took almost a decade for the sector to become widely popular and accepted. In fantasy sports, players form a fictitious virtual team of their favourite sports. At present, a variety of fantasy sports game platforms have emerged in India, including Dream11, Mobile Premier League (MPL), MyTeam11, Halaplay, 11Wickets and My11Circle.

Legality of online fantasy games in India The perceived lack of legality of online fantasy sports platforms, which support playing franchisees in the popular league, has been widely misunderstood, as have

By Akash Mishra the moral and aesthetic problems around real-money gambling. Skills games are legal in India and are not subject to Indian gambling legislation, mainly the Public Gambling Act of 1867.

In regulating the platforms that offer such games, Indian law distinguishes betting on games of chance and betting on games of skill. Although participation and offering luck-dependent games are strictly prohibited, the law takes a more favourable position in skill games.

In Dr K.R. Lakshmanan v. Tamil Nadu and Anirban, the court held that a game whose success mainly depends on the player’s knowledge of the game, training acquired, attention given, experience and proficiency should be classified as a skill game. Fantasy sports perfectly fit the bill because participants’ success mainly depends on their knowledge and statistical information about the game, their understanding of players, their performance in a specific field, and their knowledge of the game.

Players are required to choose their virtual team skilfully by assessing the players, with the limited credit points available at their disposal, and closely monitor the real game to win the virtual match. Hence, it cannot be prohibited under the Gaming Act. In the Gurdeep Singh Sachar v Union of India, the Bombay High Court also upheld the validity of the online fantasy sports platform Dream11, following the decision of the Punjab and Haryana High Court. However, the Supreme Court of India later put a stay on the operation of the decision by the Bombay High Court, and the issue remains unresolved.

Uncertainty still looms Owing to its uncertainty and chance The same judgement was passed in elements, fantasy sports easily gets the Varun Gumber v. Union Territory identified as a gamble. Therefore, of Chandigarh case. The High Court it’s safe to say that fantasy sports are wholly dependent on the virtual of Punjab and Haryana held that.

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game’s outcomes, which in turn is dependent on the team’s real game outcome.

When we say fantasy sports are legal in India, that does not mean that the sector is entirely free of restrictions. Investments and operation of fantasy sports in India does carry a certain number of restrictions. It is still necessary to pay attention to India’s laws and those in the individual states.

The governing bodies The “Federation of Indian Fantasy Sports” (FIFS) was established to regulate and promote best practices in India’s online fantasy sports services and tournaments.

The charter assures that the game played by its participants is entirely skill-based and not considered gambling. By adopting IAMAI Guidelines, the FIFS has also developed Self-Regulation Guidelines (‘guidelines’) on Advertising Online Gaming to guarantee that advertising are fair, transparent, and not deceptive. The standards forbid members from advertising any gambling or betting activity, resulting in sanctions if they are broken. It is assured that no one under the age of 18 is permitted to participate. It also guarantees that the public is not deceived and that awards and other financial aspects are transparent.

In December 2020, the Government of India’s public policy think tank, NITI Aayog, issued a draught discussion paper on Guiding Principles for the Uniform National 40

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Level Regulation of Online Fantasy Sports Platforms in India. The lack of a standard set of rules and regulations, according to NITI Ayog, is impeding innovation and product development in this area, resulting in a negative impact on foreign investments, job possibilities, and income loss for the government. They proposed that clear parameters be developed for fantasy sports platforms, including establishing adequate governance, transparency, consumer protection, and responsibility.

Taxing the winnings Fantasy sports game prizes are taxed under Section 115BB of the Income Tax Act. Taxes from the platforms are deducted so that players don’t take any deduction from their expenditure. In other words, it doesn’t matter how much money you spend while playing; it won’t be taxed. However, your income/winnings are treated as “income from other sources” and is therefore taxed under Section 115BB. Dream11 states that once users confirm their personal information, they can withdraw the money they earn and transfer it directly to their bank account.

The Dream 11 help desk states, “If your net win in the contest exceeds £10,000, you will be taxed at 30%. The remaining amount (after tax deduction) will be credited to your Dream11 account as a ‘prize.’ Also, you will only get a TDS certificate if you check your PAN card on Dream11.”

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The website illustrates the calculation with an example. If you enter the contest for `3,000 and win `12,000, “The net prize is (`12,000 – `2,000) = `10,000. Taxes apply only if the net prize is over £ 10,000. Therefore, there is no TDS in this contest. If the winning amount is `13,000, “The net winning amount is (`13,000 – `2,000) = `11,000, and 30% TDS will be applied to `11,000 rupees.” Users can obtain a TDS certificate within three months from the winning date.

However, a PAN-verified Dream 11 account is required. The same procedure is more or less followed by every fantasy sports platform currently.

Gamer safety and security measures Lack of security for gamers and safeguard against illegal activity are also some areas of concern. NITI Aayog has proposed a minimum age for gamers, fairness in-game, T&C, disclaimers and responsible advertising. ASCI has also proposed self-regulation of actual money game advertisements. These measures are needed across the board, not just for OFS games. Game operators should do KYC verification, user authentication, etc.

Fantasy sports brands are not very far behind any other well-established brands in the country when it comes to revenues and sponsorships.

As the fantasy sports sector moves forward on the path of prosperity, a clear and structured set of rules is the need of the hour. With this, the fantasy gaming sector of India is poised for an incredibly rapid growth story ahead.

RUMMY

Vanakkam Rummy (Legally)!

Rummy’s classification as a skill game hasn’t kept up with the internet era. So, we take look at the strangling legal face off that rummy has with Indian system.

By Manthra Koliyer industry, the majority of them believed to the core the value of skill gaming and especially rummy! Amit Kushawah of RummyCulture decided to delve into rummy solely to improve the players’ gaming experience using tech intervention at every stage and present them with higher gameplay.

I

f you are a person who is even slightly associated with the real money gaming industry, then you must’ve indeed witnessed its unprecedented surge during the pandemic.

However, in spite of the fact that the games kept us engaged through one of the worst phases, they have constantly received backlash. Rummy has always been at the receiver’s end, though it has been in the Indian system for aeons. Despite having a lack of support, the rummy industry has seen tremendous progress. So, have we ever pondered why the companies, despite the taboo, keep on venturing into the rummy vertical and what incentives are in place?

played in India, rummy tests players’ analytical and mathematical skills and is also believed to enhance individuals’ qualities of estimation and decision-making. The online rummy brands, who are fully aware of this fact, have had humble beginnings but have touched skyrocketing positions today. Take the example of Ace2Three Rummy, a brand that started in 2006 from a garage. Entrepreneur and Actor Chiranjeevi fan Deepak Gullapalli, Founder and CEO, Head Digital Works, had mentioned in a previous interview with us that the idea of transforming the card game into the electronic version was solely due to the popularity of the game in Indian households.

The believers One of the oldest card games

If you look at the major brands who have made a mark in the

Strangling legality issues Almost 55 million Indians play online rummy, but the odds are skewed against them.

Rummy’s classification as a skill game hasn’t kept up with the internet era. In India, authorised and certified sites make it legal to play rummy. In 1996, the Supreme Court of India declared that playing any skill game for real money or free is legitimate and that it is neither gambling nor betting. The court characterised a “game of skill” as a game in which a player’s success is primarily determined by their mental capacity, competence, knowledge, and experience rather than chance or luck. Given that the court has declared rummy to be a game of skill, it is likely that the court will declare online rummy to be a game of ‘mere talent,’ leaving rummy websites mainly unaffected.

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The Indian Constitution grants state legislatures the right to implement state-specific laws on “betting and gaming.” While a few states have followed the federal statute, a handful of states have enacted their legislation. Since internet gaming came after adopting gambling legislation, most Indian gambling regulations focus on gaming at physical locations. As a result, when gambling regulations are applied to online gaming, complicated legal difficulties develop. Some states have specifically exempted particular games from the definition of gambling, while others have made it permissible to play certain games after getting a licence. While there is a grey area about the legality of the game, it has not deterred the industry from growing.

Growing in South India amidst ban Approached as a family-friendly game, in 2019, online rummy accounted for 335 million U.S. dollars in India, which was estimated to reach 1.4 billion dollars by 2024. The growth of this industry was mainly driven by the rural and semi-urban regions of South India, owing to its popularity and fan base.

But why South Indians are more prone to playing rummy, you may ask! It is ‘believed’ that South Indians have that ‘extra’ high affinity for mathematics, probability, and reasoning and rummy is all about that! Rummy 42

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is unquestionably more popular in South India than other chance-based games.

The Tamil Nadu Saga Despite resistance from political parties in Tamil Nadu, the love for the game is expanding, with thousands of individuals coming on to play the cards.

One can prove this point right by correlating the love for the game with the numbers that RummyCulture’s tournament achieved - a participation of 109,000 players. The tremendous participation reinforced the sign that Indians prefer skill-based card games. Most of the players were from the Southern states, with 40% from Tamil Nadu, 22% from Andhra Pradesh, and 7% from Karnataka. As per a report in The Hindu, Junglee Games had about 1-2 lakh, monthly customers in Tamil Nadu who played free rummy - 10,00020,000 of them were involved in money-related games.

The elephant in the room What is the rationale that makes people choose rummy again and again, despite the ban? The Madras High Court declared that the online gaming ban imposed

by Tamil Nadu was ‘invalid.’

Furthermore, the Madras HC also stated that the law enacted by the Tamil Nadu Government banned online betting games like rummy ultra vires of the Constitution. Along with this, the firms who challenged the ban also highlighted that the Supreme Court in 1968 had very 2021

clearly categorised rummy as a game of skill and not a game of chance. It is believed that the association of the game and people in Tamil Nadu has a much deeper meaning to it which undoubtedly makes them favour the card game over others.

A legally fair play To maintain a legally safe gaming environment for all of its players, online rummy platforms have a fair play policy. In addition to utilising certifications and security tools to secure user information, the major platforms take responsibility for organising fair matches on their portal/ app. The fair play policies, as per TORF’s standards, ensures that there is no room on the platform for any cheating or collusion.

Unique algorithms have been implemented to assist, detect and prevent any fraudulent behaviour at the tables and on the app.

Drawing the curtains Drawing the curtains, we wish to emphasise the idea that this surge in rummy numbers is not a boom but a sign of an evergrowing industry. The trajectory of rummy in India, especially South India, especially Tamil Nadu, is expected to hit the sky.

The pandemic merely set off a trend that is only likely to grow bigger and bigger. We believe that regulation is the key to ensuring that people in a safe and secure environment can avail skilled gaming entertainment in a responsible manner.

10 THINGS

10 Things About Gaming Laws

1

The Public Gambling Act, 1867 is the only central law in India that prohibits games of chance.

2

Lottery, a game of chance, is permitted in many states in India.

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In 1987, California vs. Cabazon Band of Mission Indians lawsuit set stage for passage of the Indian Gaming Regulatory Act.

While forming the Constitution, a law dealing with betting and gambling was to be added under List II of the 7th schedule.

Horse Racing, the only legitimate form of sports wagering in India, was legalized in 1996.

India’s few legal casinos and horseracing outlets generate $400 million in annual revenue, tiny in comparison to the massive black market.

In 1985, the Florida legislature prohibited operation of gambling houses and made participation in games a criminal activity.

In 2018, as per recommendations from the Law Commission, a bill was proposed for legalising and regulating sports betting and gambling in India.

9 10

South Korea’s ‘Cinderella Law’ once prevented children from playing online games between 12-6 AM.

Playing poker is severely restricted in UAE, Japan, North Korea, Singapore and Isreal.

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