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Digital Regulations for Online Gaming Passed in 2021 Deemed Impossible to Enforce by Authorities

Indian Authorities Assert Inadequacy of Existing Online Gaming Regulations, Citing Enforcement Challenges.

Indian authorities assert that existing Online Gaming Laws are inadequate and unenforceable.
Indian authorities assert that existing Online Gaming Laws are inadequate and unenforceable.

Digital Regulations for Online Gaming Passed in 2021 Deemed Impossible to Enforce by Authorities

Title: Court Grills MeitY Over Online Gaming Regulations

Get the latest on this lingering gaming showdown in India

Hear ye, hear ye! The Ministry of Electronics and Information Technology (MeitY), in response to a court case, confessed that the online gaming provisions in the 2021 Information Technology Rules are beyond reach, as they fail to designate a much-needed self-regulatory body. This announcement comes amidst ongoing challenges against the Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Act of 2022, and the regulations enacted earlier this year.

Game companies, such as Play Games 24X7, Junglee Games, and Head Digital Works (operating A23), have been battling the state act and its regulations. Their primary concerns revolve around the mandatory Aadhaar-based KYC verification requiring a one-time password (OTP) for real money gaming and the midnight to 5 a.m. gaming ban.

In April 2023, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules were updated to control online gaming companies. Under these amendments, rules 4A requires MeitY to establish self-regulatory bodies to verify online real money gaming according to the regulations.

Read More: High Court Denies Interim Relief to Gaming Firms; Final Hearing Scheduled for 13th July**

The ministry confirmed the Tamil Nadu government's authority to enforce time restrictions on online gaming within the state.

The ministry clarified that Aadhaar can only be used on a voluntary basis for obtaining subsidies, benefits, or services, as per the Aadhaar Act.

However, the Union IT ministry declared that online gaming service providers could voluntarily request permission to use Aadhaar-based authentication under the 2025 amendments to the Aadhaar Authentication of Good Governance (Social Welfare, Innovation, Knowledge) Rules. But, their request must serve the State's interests.

In parliament, IT Minister Ashwini Vaishnaw has frequently emphasized the 2023 amendments' purpose, which is to regulate online gaming companies and address their societal impact, particularly on children.

In a Lok Sabha address on March 19, Vaishnaw stated, "Under the intermediary rules, a provision allows for the creation of a self-regulatory body. These rules ensure that any such body must prioritize five key aspects: preventing the transmission of harmful content in online games, restricting children's access, mitigating addiction, implementing an age-rating mechanism, and enabling parental controls."

As the saga unfolds, we'll keep a keen eye on the developments that lie ahead in this contentious gaming saga in India.

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"The intermediary rules include a provision for the formation of a self-regulatory body. These rules mandate that any such body focuses on five vital aspects: preventing the dissemination of harmful content in online games, restricting children's access to such content, minimizing addiction, implementing an age-rating mechanism, and providing parental controls," Vaishnaw remarked in the Lok Sabha on March 19.

The future of this issue is yet to be decided, but the nation eagerly awaits its resolution.

Roy D'SilvaRoy D'Silva, a published author with a decade of experience, has covered various domains, including Bollywood, OTT, and now poker. An ardent cyclist and documentary enthusiast, Roy aspires to be at the forefront of that one big story in the poker realm.

Ashwini Vaishnaw

The ongoing debate surrounding online gambling regulations in India has sparked interest in policy-and-legislation, politics, and general news, as IT Minister Ashwini Vaishnaw has emphasized the importance of regulating online gaming companies and addressing their societal impact, particularly on children. In the Lok Sabha address on March 19, Vaishnaw stated that the intermediary rules, which include a provision for the formation of a self-regulatory body, mandate that any such body focuses on five vital aspects: preventing the dissemination of harmful content in online games, restricting children's access to such content, minimizing addiction, implementing an age-rating mechanism, and providing parental controls. This contentious issue remains unresolved, attracting widespread attention.

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