The Advertising Standards Council of India (ASCI) looked at 50 real money gaming (RMG) ads in 2024-25, and 100% were found to violate its advertising code.
This May, Meta tightened its rules for RMG advertisers, who are now required to produce a certificate issued either by a court order or by one of three industry bodies — the All India Gaming Federation (AIGF), E-Gaming Federation, or Federation of Indian Fantasy Sports — before getting the green signal to release ads on the platform.
Last week, Galactus Funware Technology, parent company of real money gaming platform Mobile Premier League, initiated legal action against the ASCI, seeking `50 crore in damages for what it alleges is a defamatory whitepaper (“Examining Opinion Trading in India”) published by the self-regulatory body.
Taken together, these incidents show how India’s RMG sector is navigating an increasingly volatile regulatory landscape. While the segment single-handedly contributed ` 1,400 crore in advertising in 2024, the lack of unified oversight has led to rising tensions among platforms, regulators, and digital intermediaries.
Says Saurya Bhattacharya, partner, JSA Advocates and Solicitors, “Real money gaming is governed by a wide array of statutes/regulations at both the central and state level, as well as by codes such as those introduced by ASCI. Given how closely monitored advertising in the space is, and the possibility of potential contravention of central, state, and self-regulatory body rules, advertising in the space is challenging.”
At the core of the confusion is the legal distinction between ‘games of skill’ and ‘games of chance’. While the Supreme Court has upheld that games with a predominant element of skill can operate legally, enforcement varies significantly across Indian states. “The principle states that no game is that of pure skill or chance, instead games that have a preponderance of the skill element are deemed to be that of skill, and those that have the dominant element of chance are deemed games of chance,” explains Aahna Mehrotra, founder, AM Sports Law & Management Co.
Implementation, however, is far from consistent. Online gaming is currently subject to multiple regulatory frameworks, comprising central and state-specific laws, explains Asish Philip, partner, Lakshmikumaran & Sridharan Attorneys. “RMG companies are required to adhere to the Public Gambling Act, 1867, Intermediary Guidelines and Digital Media Ethic Code Rules, 2021 as well as state-specific laws in places such as Tamil Nadu, Telangana, and Haryana. Moreover, ASCI prescribes certain guidelines for advertisements of RMG such as restrictions on age, necessary disclaimers and more.”
In this environment, Meta’s recent move to require “game of skill” certifications from RMG advertisers has been viewed by most observers as a necessary safeguard. “Advertisers and platforms navigate a fragmented legal environment, where state laws can vary widely. This increases the likelihood of legal challenges,” says Roland Landers, CEO, AIGF.
Some industry voices are now pushing for systemic reform. “For the industry to thrive, for stemming the outflow of forex, and to protect consumers, there’s a need for a unified regulatory framework. Such alignment would differentiate legitimate skill-based operators from those in the grey area, ensuring clarity for advertisers, consumer protection, and the growth of a compliant ecosystem,” says Anuraag Saxena, CEO, E-Gaming Federation.
Manisha Kapoor, CEO & secretary general, ASCI, says self-regulation and government oversight must work together in the sector. “While self-regulation allows for quick, expert-driven action on advertising practices, government oversight is essential to address wilful and repeat violators. A combined approach ensures responsible growth while safeguarding public interest.”
Agrees Saumya Singh Rathore, co-founder, WinZO Games: “What is needed is a clear, centralised, and enforceable national framework under the IT rules, ideally operationalised through a transparent self-declaration mechanism.” Rathore advocates for a model that uses statistical skill tests, RNG certification, no-bot assurances, and mandatory Indian incorporation to determine legality. “This would create an efficient and scalable compliance pathway while ensuring consumer protection and regulatory alignment.”