SUMMARY
The ministry has further advised the online advertisement intermediaries not to target such promotional content towards Indian audience
The advisory cautions that failure to comply with it may lead to proceedings under the provisions of Consumer Protection Act, 2019
Betting and gambling are strictly prohibited under the Public Gambling Act, 1867, and are considered illegal in the majority of regions across the country
The Ministry of Information and Broadcasting (MIB) on Thursday (March 21) advised all endorsers and influencers on social media to refrain from promoting or advertising, including surrogate advertisements, of offshore online betting and gambling platforms.
The ministry has further advised the online advertisement intermediaries not to target such promotional content towards Indian audience. Social media intermediaries have also been advised to conduct sensitisation efforts among their users to refrain from publishing such content.
The advisory cautions that failure to comply with it may lead to proceedings under the provisions of Consumer Protection Act, 2019 including removal or disabling of social media posts or accounts and penal action under the applicable statutes.
While Section 79 of the IT Act, 2000 grants intermediaries exemption from liability for third-party information, data, or communication hosted by them, however, this exemption does not apply if the intermediary fails to promptly remove or disable access to unlawful material upon receiving actual knowledge or notification from the government or its agency. This action must be taken without compromising the evidence related to the unlawful act.
The ministry has reiterated the advisory by the Central Consumer Protection Authority (CCPA) issued earlier this month which had expressed concerns regarding endorsements of betting/gambling platforms by celebrities and influences.
Betting and gambling are strictly prohibited under the Public Gambling Act, 1867, and are considered illegal in the majority of regions across the country. Despite this, online betting platforms and apps persist in advertising betting and gambling directly, as well as under the guise of gaming, CCPA said in a statement.
MIB issued multiple advisories in the past to curb outdoor advertisements of betting and gambling platforms.
Last year, MIB secretary Apurva Chandra had written to chief secretaries of all states and UTs to curb outdoor ads. In the letter, he noted that betting and gambling are illegal in most parts of the country as they pose financial and social-economic risks for consumers, especially youth and children.
India banned 138 offshore betting platforms last year. Later in the year, to curb illegal online gambling platforms, the Enforcement Directorate (ED) also attached INR 5.87 Cr from several individuals and entities under the Prevention of Money Laundering Act, 2002.
