Lok Sabha Question No. 5397 (UNSTARRED), answered on 2023-04-05
Subject: Promotion of Online Gambling Apps by Celebrities
Ministry: ELECTRONICS AND INFORMATION TECHNOLOGY
Asked by: Mohan Mandavi, Vijay Baghel

## GOVERNMENT OF INDIA MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY

## LOK SABHA

## UNSTARRED QUESTION NO. 5397

TO BE ANSWERED ON 5.4.2023

## PROMOTION OF ONLINE GAMBLING APPS BY CELEBRITIES

## 5397.   SHRI MOHAN MANDAVI: SHRI VIJAY BAGHEL:

Will the Minister of Electronics and Information Technology be pleased to state:

- (a) whether the Government has legalized the online gambling apps which are actively being promoted by big celebrities on social media and electronic media platforms;
- (b) if so, the details thereof and if not, the reasons therefor; and
- (c) the steps taken by the Government to curb the said practice?

## ANSWER

## MINISTER OF STATE FOR ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI RAJEEV CHANDRASEKHAR)

(a) to (c): 'Betting and gambling' is entry 34 in the State List of the Seventh Schedule to the Constitution.  Accordingly,  as  per  the  provisions  of  article  246  of  the  Constitution,  State Legislatures  have  exclusive  power  to  legislate  on  matters  related  to  betting  and  gambling. Further, as per the provisions of article 162, matters related to betting and gambling lie within the executive power of the States.

With the expansion of the Internet and more and more Indians coming online, the potential for Indians being exposed to illegal content has also grown. The policies of the Government are aimed at ensuring an Open, Safe and Trusted and Accountable Internet for its users. To help  achieve  this  aim,  the  Central  Government,  in  exercise  of  powers  conferred  by  the Information  Technology  Act,  2000,  has  made  the  Information  Technology  (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. These rules cast specific obligation on intermediaries, including intermediaries offering online games, to observe due diligence and provide that if they fail to observe such due diligence, they shall no longer be exempt from  their  liability  under  law  for  third-party  information  or  data  or  communication  link hosted by them. Such due diligence includes the following:

- (i) An intermediary shall make reasonable efforts to cause its user not to host, display, publish, transmit or share any information that relates to or encourages gambling, or is harmful to child, or violates any law for the time being in force.
- (ii) The  intermediary  shall  not  host,  store  or  publish  unlawful  information  prohibited under law for the time being in force, on a voluntary basis on violation of the above, and on actual knowledge upon receipt of a grievance or court order or notice from the appropriate government or its agency.
- (iii) The intermediary shall provide, upon receipt of an order from a lawfully authorised government agency, information or assistance for prevention, detection, investigation or prosecution under law.

Further, with a view to provide due diligence to online gaming intermediaries including in respect  to  earning  winnings  on  deposit,  the  Ministry  of  Electronics  and  Information Technology  has  prepared  draft  amendments  to  the  Information  Technology  (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 in exercise of its powers under the

Information  Technology  Act,  2000.  The  Government  has  undertaken  extensive  public consultation on the same.

Further, the Ministry of Information and Broadcasting has issued an advisory, advising the print  and  electronic  media  to  refrain  from  publishing  advertisements  of  online  betting platforms,  and  online  and  social  media,  including  online  advertisement  intermediaries  and publishers, not to display such advertisements in India or target such advertisements towards Indian audience. The Ministry has also issued an advisory to all private satellite television channels on 'Advertisements on Online Games, Fantasy Sports, etc.', advising all broadcasters  that  the  guidelines  issued  by  the  Advertising  Standards  Council  of  India  be complied with and that the advertisements broadcast on television adhere to the same.

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