The Intermediary Guidelines covering the Gaming Intermediaries which had been released for public comments has now been notified. This will be an amendment to the Intermediary Guidelines and Digital Media EThics Code of 25th February 2021.
Copy of the guidelines is available here.
The guidelines defines an “Online Game” as ” a game that is offered on the Internet and is accessible by a user through a computer resource or an intermediary. The “Online real money game” is defined as an online game where the user makes a deposit in cash or kind with the expectation of earning winnings on that deposit.
Additionally “Internet” for the purpose of this notification means the combination of computer facilities and electromagnetic transmission media, and related equipment and software, comprising the interconnected worldwide network of computer networks that transmits information based on a protocol for controlling such transmission.”
An online gaming self regulatory body will require to be established and should provide a verifiable mark to the relevant platform for “Permissible online real money game”.
The system of self regulation is similar to what Naavi.org had recommended as “Intermediary Dispute Resolution Policy ” for all Section 79 guidelines.
The Government reserves its rights to introduce similar regulations even in the case of online game other than online real money game in the interest of sovereignty and integrity of India ..etc.
The guidelines will come to force 3 months after atleast three Self Regulatory body has been established.
The real impact of the regulations on some of the popular gaming platforms need to be assessed. The industry may delay the setting up of self regulatory body to postpone the applicability of the guidelines and this could be a loophole deliberately kept in the guidelines.
Instead, the Government should have provided a time line of say 6 months for the setting up of the self regulatory bodies failing which the “Grievance Appellate Committee” of the Ministry should take over the responsibility envisaged for the self regulatory body till the formation of such bodies.
Naavi
