Ministry Issues Advisory Against Advertisements of Betting

The Ministry of Information and Broadcasting (I&B) has recently issued a series of advisories to various media entities, platforms and online intermediaries, warning them against showing advertisements or promotional content of online betting and gambling platforms. Ministry Issues Advisory Against Advertisements of Betting has stated that such activities are illegal in most parts of the country and pose significant financial and socio-economic risks for the consumers, especially youth and children.

What are the advisories about Ministry Issues Advisory Against Advertisements of Betting?

The advisories, issued in June and October 2022, and April 2023, have advised the following:

Newspapers, private TV channels and digital news publishers should refrain from publishing advertisements of online betting platforms.
TV channels and OTT platforms should refrain from showing advertisements of online betting sites and surrogate advertisements of such sites. Surrogate advertisements are those that use news websites or other products as a cover to promote betting platforms.
Online advertisement intermediaries should not target such advertisements towards Indian audience.

The ministry has also provided examples of some offshore betting platforms and their surrogate news websites, such as Fairplay, PariMatch, Betway, Wolf 777, and 1xBet, that have been found to be violating the advisories.

What are the legal implications?

The ministry has cited various laws and regulations that prohibit or restrict the promotion of betting and gambling in India, such as:

The Consumer Protection Act, 2019, which prohibits unfair trade practices and misleading advertisements.
The Cable TV Network Regulation Act, 1995, which prohibits the transmission of any advertisement that is not in conformity with the prescribed code of conduct.
The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which require the intermediaries to exercise due diligence and remove or disable access to any unlawful information or content.
The Press Council Act, 1978, which empowers the Press Council to censure newspapers for any breach of journalistic ethics or public interest.
The Indian Penal Code, 1860, and the Public Gambling Act, 1867, which criminalize betting and gambling in most states of India.

The ministry has warned that violation of the advisories may invite appropriate legal action, including penal action, against the offenders.

What are the social consequences?

The ministry has also highlighted the negative impact of betting and gambling on the society, especially on the vulnerable sections such as youth and children. The advisories have stated that:

Betting and gambling can lead to addiction, debt, fraud, money laundering, and other criminal activities.
Betting and gambling can affect the mental health, well-being, and academic performance of the consumers.
Betting and gambling can undermine the integrity and fairness of sports and games.

The ministry has appealed to the media, platforms and intermediaries to act responsibly and refrain from promoting betting and gambling in the larger public interest. The ministry has also urged the consumers to be aware of the risks and legalities involved in betting and gambling and to exercise caution and discretion.

Okay, I will try to write more on the topic of betting and gambling. Here is a possible continuation of the blog post:

What are the alternatives Ministry Issues Advisory Against Advertisements of Betting?

While betting and gambling are illegal and harmful in most parts of India, there are some legal and ethical alternatives that can provide entertainment and satisfaction to the consumers, such as:

Skill-based games: There are many online and offline games that require skill, knowledge, and strategy, rather than chance, to win. Some examples are chess, scrabble, quiz, crossword, sudoku, etc. These games can improve one’s cognitive abilities, creativity, and problem-solving skills, as well as offer fun and challenge.
Fantasy sports: Fantasy sports are online games where participants create their own virtual teams of real players from different sports and compete with other teams based on the statistical performance of the players in actual matches. Fantasy sports are considered to be games of skill, rather than gambling, by the Supreme Court of India. However, one should be careful about the legality and credibility of the fantasy sports platforms and avoid spending excessive money or time on them.
Social gaming: Social gaming refers to playing online games with other people, either as friends or strangers, through social media platforms or dedicated gaming apps. Social gaming can provide social interaction, entertainment, and relaxation, as well as foster a sense of community and belonging. However, one should be aware of the potential risks of cyberbullying, addiction, and privacy breaches that may arise from social gaming.

These alternatives can help the consumers to enjoy the thrill and excitement of online gaming, without falling prey to the illegal and harmful practices of betting and gambling.

Frequently Asked Questions

Is online sports betting legal in India?

Online sports betting is a grey area in India. The Supreme Court of India has held that betting on horse races is a game of skill, but there is no such judgement for other sports. Most states have laws prohibiting gambling, but two states, Sikkim and Nagaland, have legalized some forms of online skill gaming, including sports betting, through a licensing regime. However, the legality and credibility of the online platforms and intermediaries may vary and consumers should exercise caution and discretion before engaging in online sports betting.

Will there be any changes in gambling laws in India soon?

There have been some proposals and recommendations to reform the gambling laws in India and to regulate sports betting in a legal and transparent manner. For instance, the Law Commission of India, in its 276th report, suggested that gambling and betting on sports, including cricket, be allowed as regulated activities taxable under the direct and indirect tax regimes and used as a source for attracting foreign direct investment. However, there has been no concrete action or legislation on this matter so far and the final decision rests with the central and state governments.

Do I need to pay tax when I win a bet?

Yes, according to the Income Tax Act, 1961, any income from winnings from any lottery, crossword puzzle, race including horse race, card game and other game of any sort or from gambling or betting of any form or nature whatsoever, is taxable at the rate of 30%. Additionally, a surcharge and cess may also be applicable. The payer of such income is also required to deduct tax at source (TDS) before making the payment.

Can I get in trouble if I play real money poker games at home?

It depends on the state where you are playing and the nature of the poker game. Poker is generally considered to be a game of skill, but some states, such as Tamil Nadu, have expressly prohibited real-money poker, whether played online or offline. Other states, such as Gujarat and Telangana, have also ruled that poker is a game of chance and falls under the ambit of gambling laws . However, some states, such as Karnataka and West Bengal, have excluded poker from the definition of gambling and allowed it to be played as a game of skill . In any case, one should be careful about the stakes involved, the number of players, the frequency of the games, and the possibility of police raids or complaints from neighbours.

How much money can I bet on cricket matches?

There is no clear or uniform answer to this question, as different online platforms and intermediaries may have different rules and limits for betting on cricket matches. However, one should be aware of the risks and legalities involved in betting on cricket, as it is not regulated or authorized by any official body in India. Moreover, one should also be wary of the possibility of match-fixing, spot-fixing, or other forms of corruption and manipulation in cricket, which may affect the outcome of the bets.

Conclusion

Betting and gambling are illegal and harmful activities in most parts of India, and the Ministry of Information and Broadcasting has issued advisories to various media entities, platforms and online intermediaries to refrain from showing advertisements or promotional content of such platforms. The consumers should be aware of the risks and legalities involved in betting and gambling and exercise caution and discretion before engaging in them. There are some legal and ethical alternatives to betting and gambling, such as skill-based games, fantasy sports, and social gaming, that can provide entertainment and satisfaction to the consumers, without falling prey to the illegal and harmful practices of betting and gambling.

What are the advisories about Ministry Issues Advisory Against Advertisements of Betting?

What are the legal implications?

What are the social consequences?

What are the alternatives Ministry Issues Advisory Against Advertisements of Betting?

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