By Shivani Jha
The digital age has blurred the lines between entertainment and illicit activities, particularly with the sophisticated allure of offshore betting platforms. The online gaming sector doesn’t remain untouched, Afterall all.
India recorded about 455 million online gamers in the year 2023. This was an eight per cent growth from the previous year and is likely to reach over 491 million by 2024. Taking advantage of complex regulatory and judicial battles, gambling companies have lately involved social media influencers for promotions and user onboarding, highlighting the interplay between digital influence and legal boundaries.
A striking example was the unauthorized use of a deepfake video of cricket icon Sachin Tendulkar to endorse an illegal betting app. The Indian government, in December 2023, banned 581 applications under the IT Act, of 2000, targeting 174 betting and gambling apps among others.
In March 2024, the government escalated its efforts through advisories issued by the Central Consumer Protection Authority (CCPA) and the Ministry of Information and Broadcasting (MIB). These advisories targeted the promotion and endorsement of illegal betting and gambling activities, with a keen focus on offshore platforms.
The CCPA Advisory
The CCPA, utilizing the Consumer Protection Act of 2019, issues a stern warning against the advertising, promotion, and endorsement of illegal betting and gambling activities. Citing the Public Gambling Act of 1867, which deems these activities illegal in most parts of the country, the advisory underscores the responsibility of all stakeholders in preventing the spread of such content. Particularly noted is the caution towards celebrities and influencers, who are reminded of their potential liability for promoting online gambling, thus highlighting the legal risks associated with such endorsements.
The MIB Advisory
Expanding on the CCPA’s directives, the MIB further clarified the government’s stance by focusing on offshore online betting and gambling platforms. Advising endorsers and influencers against promoting such platforms, the ministry underscored the significant financial and socio-economic impact, especially on youth. The ministry urged online advertisement intermediaries not to target Indian audiences with such content and called on social media intermediaries to conduct sensitization efforts.
The advisories warn of legal consequences for non-compliance, emphasizing the government’s intent to enforce these guidelines rigorously, thus reinforcing the legal responsibilities and potential penalties for various stakeholders.
Legal Framework and Implications
Grounded in the Consumer Protection Act of 2019 and the Information Technology (IT) Act of 2000, these advisories set a legal precedent for action against illegal content online. Section 79 of the IT Act is particularly notable, as it outlines the liability of intermediaries in cases where they fail to remove or disable access to illegal content upon receiving knowledge of such activity.
The Role of Digital Media in Shaping Public Perception
The influence of digital media, particularly through social platforms, in shaping public perception and behaviour cannot be understated. The integration of digital content into daily life has made social media influencers pivotal in guiding public discourse and opinion. This reality places an additional layer of responsibility on influencers to ensure that their endorsements and the content they promote align with ethical standards and legal requirements.
Next Steps
The dynamic between digital media’s persuasive power and legal accountability introduces a new dimension to the discussion on digital ethics and the need for a more rigorous framework to govern online content and influence.
While these directives and actions against these platforms – some under Enforcement Directorate scrutiny, underscored a commitment to digital safety; India’s online gaming community, boasting 421 million gamers in 2022, finds itself at a crossroads, necessitating a critical dialogue on the convergence of entertainment, legality, and ethical responsibility in the digital age.
Offshore betting entities, masquerading under the guise of ‘gaming’, have exploited the digital medium, leveraging the widespread influence of social media to reach a vast demographic.
According to a working paper from IIM Ahmedabad, titled “New age digital media consumption: An exploratory study based in India.”, out of 100 internet users, 100 were found to be on social media, 79 on OTT platforms, and 55 on online gaming platforms.
These figures highlight the vast number of individuals engaged in digital activities and underscore the critical need for robust user safety measures across these platforms. As the digital domain continues to evolve, the synergy between informed public discourse and regulatory foresight will be instrumental in safeguarding the integrity of online spaces. The journey towards a safer digital environment is complex and multifaceted, involving the collaborative efforts of legal bodies, digital platforms, influencers, and the wider community to navigate the challenges posed by the digital age.
The author is director, EWA Centre