E-Paper
Online gaming rules are not enforceable govt tells court
The submission was made in the ongoing challenge to the Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Act, 2022
New Delhi The provisions related to online gaming in Information Technology Rules of 2021 are unenforceable because the ministry of electronics and information technology (Meity) has not yet designated any self-regulatory body as required by the rules, the ministry submitted before the Madras High Court.
The ministry also said that Aadhaar can be made mandatory only through a law made by the Indian parliament.
The submission was made in the ongoing challenge to the Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Act, 2022 and the regulations issued under it earlier this year.
Gaming companies including Play Games 24X7, Junglee Games and Head Digital Works (which runs A23) have challenged the state act and regulations. They specifically oppose the mandatory Aadhaar-based KYC verification along with receipt of one-time password (OTP) to play real money games, and the ban on such games between midnight and 5am.
Gaming amendments unenforced
In April 2023, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 were amended to regulate online gaming companies as online gaming intermediaries. As per these amendments, Meity is required to notify self-regulatory bodies under Rule 4A so that these can verify online real money games as per the rules.
As per Rule 4B, at least three SRBs have to be designated for obligations on gaming intermediaries to be brought into effect. Thus far, not a single one has been.
“However, given that no SRBs have been designated so far under Rule 4A, IT Rules, 2021, the provisions relating to online gaming under the IT Rules, 2021, including the verification of online games as permissible online games, are not currently enforceable according to Rule 4B, IT Rules, 2021,” Meity said in its written submission, a copy of which HT has seen.
The ministry said that Tamil Nadu government was within its rights to impose time limits on online games played in the state.
Aadhaar cannot be made mandatory
The ministry submitted that Aadhaar can only be used on a voluntary basis to provide any subsidy, benefit or service as per different Aadhaar laws and rules.
“The authentication of Aadhaar number holder can be made mandatory only under a law made by parliament, as provided under subsection 7 of section 4 of the Aadhaar Act, 2016,” the ministry submitted.
However, the Union IT ministry said that online gaming service providers could seek permission to use Aadhaar-based authentication on a voluntary basis as per the 2025 amendments to the Aadhaar Authentication of Good Governance (Social Welfare, Innovation, Knowledge) Rules “provided their use-case is in the interest of the State”.
In the parliament, however, IT minister Ashwini Vaishnaw has repeatedly said that to regulate online gaming companies and tackle their impact on society, particularly children, the government notified the 2023 amendments.
“Under intermediary rules, there is a rule which allows for the creation of a self-regulatory body. In those rules, care was taken to ensure that any [self] regulatory body that is formed must pay attention to five things in particular: no harmful content should be transmitted in online games, children shouldn’t have access to such content, it should not lead to addiction, there must be a mechanism for age-rating, and there must be a mechanism for parental control,” he had said in Lok Sabha on March 19.
