Lok Sabha Question No. 1579 (UNSTARRED), answered on 2024-12-04
Subject: Online Gambling
Ministry: ELECTRONICS AND INFORMATION TECHNOLOGY
Asked by: Shri Shreyas M Patel

## GOVERNMENT OF INDIA MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY

## LOK SABHA

## UNSTARRED QUESTION NO. 1579

TO BE ANSWERED ON 04.12.2024

## ONLINE GAMBLING

## 1579.  SHRI SHREYAS M PATEL:

Will the Minister of ELECTRONICS AND INFORMATION TECHNOLOGY be pleased to state:

(a) whether the Government is aware of incidents where individuals have committed suicide due  to  financial  losses  in  online  gambling  or  harassment  by  companies  operating  in  this sector;

(b) if so, the details of such cases recorded during the last year including the total number of suicides linked to online gambling and illegal betting, State-wise;

(c)  whether  the  Government  has  taken  any  action  against  companies  involved  in  online gambling or illegal betting  and if so,  the  number and nature of notices issued or penalties imposed;

(d) whether the Government considers the prevalent gambling apps as a game of chance or a game of choice and the rationale behind this classification; and

(e)  whether  the  Government  plans  to  introduce  legislation  to  regulate  or  prohibit  online gambling to prevent harm to citizens and if so, the details of such  proposed legislation?

## ANSWER

## MINISTER OF STATE FOR ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI JITIN PRASADA)

(a) to (e): The Government is cognizant of the risks posed by online gambling and potential harms like addiction, financial loss and harassment. The policies of the Central Government are aimed at ensuring a safe, trusted and accountable Internet for its users.

With regard to regulations on online gambling, it is informed that 'Betting and gambling' is a State  subject  as  per  the  Seventh  Schedule  in  the  Constitution  of  India.  Therefore,  State Legislatures have exclusive power to legislate on matters related to betting and gambling.

The  Bharatiya  Nyaya  Sanhita,  2023  ('BNS')  defines  'Organised  crime'  which  includes economic offences, cyber-crimes, by any person or a group of persons, either as a member of an organised crime syndicate or on behalf of such syndicate.  Additionally, the BNS defines 'Petty  organised  crime'  which  includes  committing  any  act  of  unauthorised  betting  or gambling.  Any  person  committing  such  petty  organised  crime  shall  be  punished  with minimum 1 year of imprisonment that may extend to 7 years and also liable to fine.

The Designated Officer at Ministry of Electronics and Information Technology ('MeitY') is empowered under the Information Technology Act, 2000 ('IT Act') to issue blocking orders to  intermediaries  for  blocking  access  to  specific  information/  link  (including  the  betting  or gambling sites) in the interest of sovereignty and integrity, defence of India, security of the State, friendly relations with foreign States or public order or for inciting cognizable offence relating  to  above.  MeitY  follows  due  process  as  envisaged  in  the  Information  Technology (Procedure  and  Safeguards  for  Blocking  for  Access  of  Information  for  Public)  Rules, 2009.MeitY  has issued  692 blocking  directions  related  to  online betting/gambling/gaming websites (including mobile applications) under the IT Act between the year 2022- 24.

To  address  various  socio-economic  concerns  of  online  harms,  criminalities  and  threats  to national security, MeitY after extensive consultations with relevant stakeholders, has notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules,

2021 ('IT Rules, 2021') in exercise of the powers given under the IT Act. The IT Rules, 2021 cast specific due diligence obligations on intermediaries, including social media intermediaries, with respect to the information that is not to be hosted, displayed, uploaded, published, transmitted, stored or shared on the platforms. Intermediaries are required not to host,  store  or  publish  any  information  violative  of  any  law  for  the  time  being  in  force. Intermediaries  are  required  to  ensure  their  accountability  that  includes  their  expeditious action towards removal of the unlawful information categorised under the IT Rules, 2021 or on  the  basis  of  grievances  received  against  any  information  that,  among  other  things,  is harmful to child or that is relating or encouraging money laundering or gambling. In  addition,  the  Ministry  of  Information  and  Broadcasting  ('MIB')  has  issued  an  advisory dated 4 th December, 2020 relating to online gaming, fantasy sports etc. to all private satellite television channels to adhere to the guidelines issued by the Advertising Standards Council of India (ASCI) and ensure not to promote any activity which is prohibited by statute of Law. Further,  MIB  has  issued  advisories  dated  13.06.2022,  03.10.2022,  06.04.2023,  25.08.2023 and 21.04.2024  to print, electronic, digital media, Endorsers and Influencers, Social Media Intermediaries and online advertisement Intermediaries to refrain from publishing advertisements of online betting platforms which are misleading, and do not appear to be in conformity  with  the  Consumer  Protection Act,  2019, Advertisement  Code  under  the  Cable Television  Networks  Regulation  Act,  1995  and  advertisement  norms  under  the  Norms  of Journalistic Conduct laid down by the Press Council of India. Further,  MHA  has  established  the  Indian  Cyber  Crime  Coordination  Centre  ('I4C')  to provide a framework and eco-system for Law Enforcement Agencies ('LEAs') to deal with cybercrimes  in  a  comprehensive  and  coordinated  manner.  MHA  has  also  launched  the National  Cyber  Crime  Reporting  Portal  (https://cybercrime.gov.in)  to  enable  the  public  to report all types of cybercrimes. Cybercrime incidents reported on this portal are routed to the respective State/UT law enforcement agency for further handling as per the provisions of law. The portal  has  distinct  mechanisms  for  registering  complaints  against  women/child  related crimes and financial frauds. A toll-free Helpline number '1930' has been operationalised to get assistance in lodging online cyber complaints.

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