Online Gaming: To Ban or Not to Ban, That is the Question

The debate surrounding the legality of online gambling in India is not a new one. With rising cases of suicides and deaths related to online gaming, it is not a

WORDS BY DONNA AMO

surprise that many people are against it. But will an outright ban of online gambling help curb the situation?

The Public Gaming Act of 1867 is a central law that prohibits running or overseeing a public gambling house. The central government, however, has given the freedom to state governments to determine gambling laws within their own borders. Which is why states like Goa,

Daman, and Sikkim have allowed casinos to operate while other states remain elusive with their gambling laws.

The main argument that many have against online gambling and gambling in general is that it may lead to addiction. While this may be true in some sense, addiction to gambling is more psychological than physical. This means that with the right counselling and help, addiction to gambling can be tackled. Even then, it is only a small percentage of the gaming population that have an addiction. Most people who play real money games, understand the risks it involves.

Tamil Nadu has recently joined the growing number of states that are outrightly banning online gambling and gaming, citing the many deaths and the effect it is having on the youth. In any form, responsible gambling is crucial. Which is why many legitimate gambling sites have protocols and rules in place to promote it.

What many of the states fail to recognize is the fact that an outright ban will not help curb the menace of illegal gambling. If any state rules in favour of banning online gambling, it will only be the legitimate and legal operators that would be affected. This will only add fuel to the fire as it would push many players to sites that are unregulated, further putting them at higher risk.

Regulated online gambling on the other hand would be a more logical solution. Regulation would mean giving a legitimate space for sites to operate while keeping a check on them. In doing so, the state government could tax online operators and generate revenue from it. Some states have already seen the advantages of this. For example, due to regulation, states like Goa generated a revenue of INR 411 Crore from casinos for the financial year 2018-19.

Although India’s online gambling Industry is still at a nascent stage, the market potential is huge. Governments should take advantage of this and tap into this abundant resource. Organizations like The Rummy Federation (TRF) or the All India Gaming Federation (AIGF) have been established to act as self-regulatory bodies for online gaming platforms across India for this very purpose. This shows us that legitimate operators are ready to adhere to laws and regulations.

WHAT’S AN ADMISSIBLE GAMING AD? ASCI TELLS YOU

WORDS BY MANTHRA KOLIYER

On 18 November, the Ministry of Information and Broadcasting of India held a meeting to discuss the breach of consumer rights with respect to online gaming advertisements on television. These guidelines come hot on the heels of bans on online gaming by several states in the country. The I&B Ministry emphasized that advertisements could be examined with the assistance of the Cable TV Network Act. This regulation would itself help in curbing misleading ads from being aired on the television. They have also cited the Advertising Standards Council of India’s (ASCI) self-regulatory code.

The ASCI is a voluntary self regulatory council established in 1985. Their prime role is to deal with complaints from individuals and organizations about ads that are misleading, false or unfair by any means.

According to their regulations, they emphasize the need for transparency around ads in line with the Consumer Protection Act, 2019, which prohibits false or misleading ads.

To regulate the gaming sector, the ASCI has rolled out a few guidelines that must be followed:

• Advertisements must adhere to legal norms and follow the compliances issued, in an honest manner and not be offensive to the larger audience. The advertisements must not instigate any harmful substances/practices but rather encourage fair competition. • Online gaming and online gambling are two different concepts that must not be clubbed as one entity. Therefore, it is of utmost importance to understand the difference between online games that provide real money and online gambling. • A state provision is intact to allow or disallow online games. States like Assam, Telangana, Tamil Nadu, etc., have prohibited games of skill that offer stakes. Therefore, it is essential that advertisements related to such games must also be prohibited from being aired on television. These guidelines could be very helpful in maintaining a transparent policy between advertisement broadcasting entities, television management and online gaming companies. A certain level of self regulation is also expected from media houses and advertising agencies in order to ensure that the advertising sector remains consumer friendly.