The online gaming sector will be brought under control

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Recommendation to create a regulatory body for the sector: Gaming industry revenue of $150 million

A government committee has recommended that India set up a regulatory body to classify online games based on skill or luck. It said that rules should be made to block prohibited formats and a strict stance should be taken on gambling websites. The committee has been drafting regulations for the country's online gaming sector for the past few months. Foreign investors like Tiger Global and Sequoia Capital have invested in gaming startups Dream 11 and Mobile Premier League. Both these startups are very popular for fantasy cricket. The much awaited report of the committee is being seen as the future of mobile gaming industry in India. Industry revenue is projected to grow from $150 million this year to $500 million by 2025.

The Supreme Court has held that card games and some fantasy games are skill-based and legal, but at least one state court has classified card games as luck-based or gambling, which is prohibited in most states. The definition of sport has therefore been controversial. A committee of government officials, in its confidential draft report dated August 31, recommended the creation of a new regulatory body under India's Ministry of Information Technology to decide what online games qualify as games of skill, followed by compliance and enforcement.

To streamline the legal framework, the 108-page report says India needs a new constitutional online gaming law.

This will give the government freedom to impose penalties and regulatory flexibility to ban online games. However, the committee has only considered online games of skill, not gambling. Gambling is regulated by states. The committee found that many foreign betting and gambling websites are illegal in India but have become popular among Indian users. The new legal framework will apply to both free and paid skill games.

The proposed Digital India Act to ban online games of chance (such as gambling websites or apps) may include them in the list of prohibited user harms, which will not allow people to play.

State governments already find it difficult to implement and monitor state-wise measures. If the government does this, it will ensure that no users in their territory are accessing illegal forms of gambling or gaming. The IT Ministry will finalize the report after receiving further comments from several members of the committee, including the heads of the Revenue and Sports Ministries. After this it will be sent to the cabinet for approval. However, there is no time limit for finalizing it.

A senior gaming industry official said the recommendation would require a regulatory body to evaluate different formats of online games, which could raise barriers to entry for new traders and also increase scrutiny of existing offerings by companies. However, the new rules will bring regulatory clarity, certainty and investment in the sector. A 2020 report by Indian business group FICCI and consulting firm Ernest Young said that last year the online gaming industry generated Rs. 6500 crore was earned.

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