Lok Sabha Question No. 797 (UNSTARRED), answered on 2024-02-07
Subject: Online Gaming Activities
Ministry: ELECTRONICS AND INFORMATION TECHNOLOGY
Asked by: Jaskaur Meena

## GOVERNMENT OF INDIA MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY

## LOKSABHA

## UNSTARRED QUESTION NO.797

TO BE ANSWERED ON: 07.02.2024

## ONLINE GAMING ACTIVITIES

## 797. SHRIMATI JASKAUR MEENA:

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

(a) whether the Government is aware about the negative effects of online gaming activities on users, specifically children and other weaker sections of the society in the country;

(b) if so, the details thereof, State/UT-wise including Rajasthan;

(c)  whether  the  Government is  considering to  implement strict  guidelines  to  ensure  digital security of citizens and accountability of online gaming industry and a new era of responsible online gaming;

(d) if so, the details thereof; and

(e) the details of the steps taken/being taken by the Government in this regard?

## ANSWER

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

(a) to (e): The policies of the Government are aimed at ensuring that the Internet in India is Open, Safe & Trusted and Accountable to all Digital Nagriks.

The Internet technology and Internet used to be seen as force for good, but in recent years, technology is also exploited for causing user harms and criminality. The number of Internet users in India are expected to increase from 85 crores today to 120 crore users by 2026.With the  expansion  of  the  Internet  and  more  and  more  Indians  coming  online,  the  potential  for Digital  Nagriks  being  exposed  to  unlawful  content  has  grown.  However,  the  Government intends  to  ensure  the  Internet  in  general  and  information  on  it  is  safe  &  trusted  and  takes suitable steps on an ongoing basis to tackle the bad actors.

Online game content too is one among various categories of online content offered by online gaming  platform  intermediaries,  which  is  rapidly  growing  around  the  world,  including  in India. The Government is aware of the possible risks and illegalities associated with some online games. There are numerous betting and gambling applications that are masquerading as online gaming.

The  Ministry  of  Electronics  and  IT  (MeitY)  was  allocated  the  matters  related  to  online gaming on 23 rd December 2022 through amendments to the Government of India (Allocation of Business) Rules, 1961.The Ministry, within a fortnight, prepared the draft amendments to the IT Rules, 2021 in exercise of the powers given under the Information Technology Act, 2000 and commenced public consultations on the same on 2 nd January 2023. After extensive consultations  with  relevant  stakeholders  including  National  Commission  for  Protection  of Child Rights (NCPCR), children, teacher, users of online games, online gaming companies, other concerned Ministries, etc., the amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 ('IT Rules, 2021')were notified on 6 th April, 2023.

The IT Rules, 2021 notified on 6 th April,  2023establish  the  clear  framework  of  Permissible Online real game i.e online game that don't involve wagering on outcome, causing user harm, gaming addiction, etc. to be permitted on Internet in India.

Further, the IT Rules, 2021 cast the obligations on the intermediary platforms to not allow hosting,  sharing,  uploading,  transmitting,  etc.  of  any  prohibited  information  under  Rule 3(1)(b) that includes information which is in the nature of an online game that is not verified as  permissible  online  game  and  which  is  in  the  nature  of  advertisement  or  surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game.

The amended IT Rules, 2021 dated 6 th April, 2023 enforce greater accountability on online gaming and social media intermediaries in respect of online games to ensure an Open, Safe & Trusted  and  Accountable  Internet  for  Digital  Nagriks.  The  amendments  seek  to  curb  the negative impact of online gaming, especially on vulnerable users, and promote responsible gaming through stringent guidelines, ensuring safety and industry accountability.

These amended IT Rules, 2021 dated 6 th April, 2023 cast specific legal obligations on online gaming  intermediaries, including other intermediaries, social media  intermediaries or platforms in relation to online games, to ensure their accountability towards safe & trusted Internet and in case of failure to follow such legal obligations as provided in the IT Rules, 2021, by intermediaries, they shall lose their safe harbour protection under section 79 of the IT Act and shall be liable for consequential action or prosecution as provided under any law for the time being in force including the IT Act and the Indian Penal Code.

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.

Regarding cases registered in various police stations, it may be noted thatas per the Code of Criminal Procedure, 1973, prevention and investigation of cognizable offences is to be done by the police and 'Police' is a State subject under the Seventh Schedule to the Constitution. States  are  primarily  responsible  for  the  prevention,  investigation  etc.  for  action  on  illegal matters. Accordingly, State police departments take preventive and penal action as per law. With  regards  to  part  (b)  the  State  and  UT  wise  Cyber  Crime  Cases  against  Children  as provided  by  National  Crime  Record  Bureau  is  placed vide ANNEXURE-I.  There  is  no separate record maintained for Crime Against Children in relation to Online Gaming.

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## ANNEXURE-I

Internet Crimes through Online Games etc. (Sec.305 IPC r/w IT Act) for Cyber Crimes against Children during 2020-2022

| State/UT                  | 2020   | 2020   | 2020   | 2020   | 2020   | 2020   | 2021   | 2021   | 2021   | 2021   | 2021   | 2021   | 2022   | 2022   | 2022   | 2022   | 2022   | 2022   |
|---------------------------|--------|--------|--------|--------|--------|--------|--------|--------|--------|--------|--------|--------|--------|--------|--------|--------|--------|--------|
| State/UT                  | C R    | C C S  | C O N  | PA R   | P C S  | P C V  | C R    | C C S  | C O N  | P A R  | P C S  | P C V  | C R    | C C S  | C O N  | P A R  | P C S  | P C V  |
| Andhra Pradesh            | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      |
| Arunachal Pradesh         | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      |
| Assam                     | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      |
| Bihar                     | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      |
| Chhattisgarh              | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      |
| Goa                       | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      |
| Gujarat                   | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      |
| Haryana                   | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      |
| Himachal Pradesh          | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      |
| Jharkhand                 | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      |
| Karnataka                 | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      |
| Kerala                    | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      |
| Madhya Pradesh            | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      |
| Maharashtra               | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 1      | 0      | 0      | 4      | 0      | 0      |
| Manipur                   | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      |
| Meghalaya                 | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      |
| Mizoram                   | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      |
| Nagaland#                 | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      |
| Odisha                    | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      |
| Punjab                    | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      |
| Rajasthan                 | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      |
| Sikkim                    | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      |
| Tamil Nadu                | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      |
| Telangana                 | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 1      | 0      | 0      | 0      | 0      | 0      |
| Tripura                   | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      |
| Uttar Pradesh             | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      |
| Uttarakhand               | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      |
| West Bengal               | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      |
| TOTAL STATE(S)            | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 2      | 0      | 0      | 4      | 0      | 0      |
| A&N Islands               | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      |
| Chandigarh                | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0 0    |        | 0      | 0      | 0      |
| D&N Haveli and Daman& Diu | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      |
| Delhi                     | 0      | 0      |        | 0      | 0      |        |        | 0      | 0      |        | 0      |        | 0      |        | 0      | 0      |        | 0      |
|                           |        |        | 0      |        |        | 0      | 0      |        |        | 0      |        | 0      |        | 0      |        |        | 0      |        |
| Jammu & Kashmir           | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      |
| Ladakh                    | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0 0    | 0 0    |
| Lakshadweep Puducherry    | 0      | 0 0    | 0 0    | 0 0    | 0 0    | 0 0    | 0 0    | 0 0    | 0 0    | 0      | 0      | 0 0    | 0 0    | 0 0    | 0 0    | 0 0    | 0      | 0      |
| TOTAL UT(S)               | 0      | 0      |        | 0      |        |        |        |        | 0      | 0      | 0      | 0      | 0      | 0      |        | 0      | 0      | 0      |
|                           | 0      |        | 0      |        | 0      | 0      | 0      | 0      |        | 0      | 0      |        |        |        | 0      |        |        |        |
| TOTAL (ALL INDIA)         | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 0      | 2      | 0      | 0      | 4      | 0      | 0      |

Source: Crime in India

# Clarifications are pending from Nagaland for the year 2022

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