An Independent e-Gaming Regulator Is in the Pipes in India

31 May 2024
News - India Law

The National Law University (NLU) Delhi, in conjunction with the prominent industry association E-Gaming Federation (EGF), is in consultation with stakeholders on the future of gaming regulations in India. One of the things that may be under consideration is the introduction of an independent e-gaming regulator, which would restrict gaming service offerings in the country to registered operators.

While there is no definite timeline yet for the final decisions, it has been confirmed by Raghav Pandey, an assistant professor at NLU, that deliberations are ongoing. Accordingly, recommendations are expected to be submitted to the Ministry of Information and Electronics Technology (MeitY) after the elections.

This move comes in light of MeitY’s decision to scrap the plan to introduce SRBs (Self-Regulatory Bodies) in early 2024 after consultations with the Ministry of Finance and Ministry of Law. It subsequently reached a conclusion that they would be susceptible to undue influence by major players, thereby stripping them of independence. As elucidated by Chambers and Partners, the launch of the IT Rules in April 2023 had seen the formalization of a co-regulatory framework between the MeitY and designated SRBs.

In this arrangement, the latter functions to verify the services offered by Online Gaming Intermediaries (OGIs) and ensure compliance with applicable local legislation. Organizations, such as the All India Gaming Federation, subsequently sent in applications to serve as SRBs but were never approved.

The e-Gamers and Players Welfare Association (EPWA) is another stakeholder that recently wrote to Prime Minister Narendra Modi, in April 2024 per Times of India. It highlighted the need for a conclusive regulatory framework for e-gaming activities in the country, alongside challenges such a framework should address. Of mention were issues including data protection, anti-money laundering provisions, infestation of offshore gambling sites, and gamers taxation, among others. It is noteworthy that the EPWA had also applied for SRB status in 2023.

SOURCES:

https://economictimes.indiatimes.com/tech/technology/govt-plans-independent-regulator-for-online-gaming/articleshow/108754450.cms?

https://government.economictimes.indiatimes.com/news/governance/govt-mulls-over-setting-up-independent-regulator-for-online-gaming/108760311?

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