The union government is planning to adopt a “uniform approach” to regulate online gambling and real money gaming, according to Ashwini Vaishnaw, India’s Minister of Electronics & Information Technology. The Minister remarked in a letter in response to Andhra Pradesh’s chief minister.
In the letter, YS Jagan Mohan Reddy wrote, “The subject of “betting and gambling” falls under the jurisdiction of the State Governments under Entries 34 and 62 of List II of the Seventh Schedule of the Constitution of India,” but that “the Government is cognizant of the issues arising because of different legislations in different States in the area of regulation of online gaming and the matter is under consideration to have a uniform approach on this matter.”
While the government’s acknowledgment of strategizing a centralized approach to regulate gambling and betting sites is a significant move, the states of India are changing their local gambling laws. Furthermore, the online gaming industry is getting court orders for the same, thereby, creating more hurdles in restricting gambling and activities that require a skill.
The PMO is taking a keen interest in this issue, indicating that online gaming regulation will see an intervention from the country’s highest office. Experts suggest that “its actions could range from a “model law” that states could choose to emulate, to a constitutional amendment that would give it more powers to regulate online gaming.”
YS Jagan Mohan Reddy mentioned in his 3rd August 2021 letter that “suicides due to losing money, severe addiction, and consequent violent behavior” — blocking could only be performed by the central government “in the interest of Sovereignty and Integrity of India, Defence of India, Security of the State, friendly relations with foreign states or public order for preventing incitement to the commission of any cognizable offense relating to above”.
To this, Vaishnaw replied that “The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 notified under section 79 of the Act require the intermediaries to observe due diligence by informing not to publish information encouraging money laundering or gambling and the notice can be issued by the Appropriate Govt. / its agency.”
Reddy’s letter laid the stress on the fact that the Andhra Pradesh government’s laws have made promoting and facilitating gambling activities illegal.
The Andhra Pradesh Gaming (Amendment) Act, 2020 had criminalized gambling as a cognizable offense with a potential prison time of six months. Games like Rummy and poker were under the ban ambit. However, hearing regarding this case are going on.
Here’s the copy of the response to Reddy’s letter by Ashwini Vaishnaw, IT Minister, as per a report by Medianama.
03 AUG 2021
Dear Shri YS Jagan Mohan Reddy Ji,
Kindly refer to your D.O. No. 70/CM/PRL dated 27.10.2020, addressed to my predecessor, requesting for banning online games, online gambling, and online betting sites.
At the outset, I appreciate the concerns raised by you. The subject of “betting and gambling” falls under the jurisdiction of the State Governments under Entries 34 and 62 of List II of the Seventh Schedule of the Constitution of India. States, including Andhra Pradesh, have enacted their own legislation to regulate betting and gambling activities.
As regards blocking of sites/apps, the Information Technology Act 2000, provides for blocking of information for public access only under specific conditions, i.e. in the interest of Sovereignty and Integrity of India, Defence of India, Security of the State, friendly relations with foreign states or public order for preventing incitement to the commission of any cognizable offense relating to above. The State of Andhra Pradesh has already nominated a Nodal Officer who has been working with the Ministry of Electronics & Information Technology (MeitY) on 69A based blocking. In addition, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 notified under section 79 of the Act require the intermediaries to observe due diligence by informing them not to publish information encouraging money laundering or gambling and the notice can be issued by the Appropriate Govt. / its agency.
Further, the Government is cognizant of the issues arising because of different legislations in different States in the area of regulation of online gaming and the matter is under consideration to have a uniform approach on this matter.
With regards,
Yours sincerely,
[signed]
(Ashwini Vaishnaw)