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India Needs a Unified Online Gaming Regulator: Report

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Mumbai: The Gujarat National Law University (GNLU) today unveiled a landmark report on regulating online gaming in India titled “Evaluating Blanket Bans and Mandatory Limits in Gaming”. This first-of-its-kind report offers comprehensive recommendations to the government on regulating the rapidly growing online gaming industry, with a focus on user safety and balanced economic growth.

The report provides critical insights into the requirement of a uniform regulatory framework and evidence-led policy intervention for online gaming in India, as well as the need to strike a balance between the economic potential of the industry and user protection.

“This report is the culmination of extensive research and consultations with experts from various fields. We believe that its recommendations will be instrumental in shaping the future of online gaming in India.” Said Dr. Sanjeevi Shanthakumar, Director of GNLU, highlighting the significance of the report. “The online gaming sector has immense potential to contribute to our economy and provide entertainment to millions. However, it is important to have a robust regulatory framework that ensures user safety and prevents any potential harm.” He added.

Online gaming has evolved from a niche pastime to become one of the largest segments of the global entertainment industry. In India, the sector has seen remarkable growth, with the community now comprising of over 500 million gamers, making it the second-largest market globally after China. However, this rapid expansion, as with any emerging technology, has brought forth challenges, particularly concerning user safety and financial risks. The absence of an overarching regulation has left users in a grey zone. The GNLU report reflects on these challenges including the ongoing debates around implementing time and money limits on gaming activities and recommends   the path forward towards a sustainable and responsible gaming ecosystem. It suggests that India should adopt a regulatory framework that mandates operators to incorporate limit-setting features for users, thus ensuring a fine balance between fostering economic growth and safeguarding users.

The report calls for a dedicated regulatory body to oversee online gaming, ensuring compliance and promoting responsible practices. It advocates for a uniform central law to replace fragmented state regulations and mandates limit-setting features for users. Comparing international frameworks, the report supports the risk minimisation strategies used in the EU and UK while cautioning against restrictive measures like those seen in China. Emphasising risk minimisation, it highlights the importance of user education and industry standards, outlining five key principles for effective limit-setting: operators must legally offer these features, users should be required to set limits before playing, increasing limits should be challenging, decreasing limits should be immediate, and a centralised self-exclusion facility should be available across platforms.

Commenting on the recommendations of the report Mr Rakesh Maheshwari, Ex Sr Director and GC (Cyber Laws and Data Governance), Ministry of Electronics and IT (MeitY) said: “This report from GNLU provides a fresh perspective on regulating online gaming in India. It accentuates the urgent need for a comprehensive regulatory framework that strikes a balance between empowering users and ensuring industry accountability. Online platforms should empower users with tools to control their gaming and they also have a duty of care toward users to make sure they don’t go overboard by setting upper limits. Educating the users is also key to ensure responsible gaming. This approach balances player protection while ensuring industry growth and is based on global best practices.”

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