India Asks Local Governments To Eliminate Offshore Gambling Ads

May 3, 2023
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India’s government has requested that all state and union territory governments crack down on advertising for illegal online gambling products, in the latest iteration of its attempt to centralise regulatory influence.

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India’s government has requested that all state and union territory governments crack down on advertising for illegal online gambling products, in the latest iteration of its attempt to centralise regulatory influence.

In a letter to chief secretaries of state and territory governments on Tuesday (May 2), Ministry of Information Broadcasting secretary Apurva Chandra warned against the spread of illegal outdoor advertising for online betting and gambling.

Chandra said advertisements for illegal online gambling have been “largely curbed” in mainstream print, electronic and digital media.

However, “it has now come to the notice [sic] that some betting and gambling platforms have started using outdoor media such as hoardings, posters, banners, auto rickshaw branding, etc. to promote their websites/apps in India”, he wrote.

“Accordingly, it is requested that appropriate action may be taken to curb outdoor advertisements of betting and gambling platforms.”

Chandra’s letter included copies of ministerial advisories from June and October 2022 on the prohibition of such advertisements generally and “surrogate” advertising through news and other services in particular, as well as a reiteration of those advisories issued on April 6 this year.

Anecdotal evidence of outdoor gambling advertisements featuring celebrities and sports stars has accrued for some months, with journalists posting images of posters and hoardings along major roads in Indian cities.

Chandra’s letter quickly follows the gazetting on April 6 of a central government online gaming regulatory framework, as well as action against payments channels for illegal online gaming products and criminal probes into India-facing online operators in Cyprus, Mauritius and the Cayman Islands.

Most of these initiatives have been warmly welcomed by the skill gaming segment of the industry, particularly the amended rules’ emphasis on self-regulation.

However, some gaming lawyers and other industry observers have expressed unease over comments by certain central government officials that “wagering”, as prohibited by the law, may include real-money gaming activity for skill games such as online rummy and poker.

The government has yet to formally define “wagering” in the rules, compounding confusion sewed by mixed messages over the scope of the rules and a reluctance to distinguish between "skill" and "chance" games.

Meanwhile, the Supreme Court of India is tentatively scheduled this Monday (May 8) to hear appeals by at least two state governments seeking to ban online gaming with stakes.

The case is likely to settle the legal status of skill games with stakes in the online space, and would be binding for central and regional jurisdictions alike.

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