Delhi High Court on Friday sought Additional Solicitor General Chetan Sharma's assistance in a PIL challenging the government's power to frame online gaming rules in its recent Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023. Noida-based Social Organisation for Creating Humanity said that the Constitution of India gives the state government exclusive powers to legislate on the issues of betting and gambling, and, therefore, the Rules are beyond the legislative competence of the central government.
The Central Government’s enactment of rules has led to 'regulatory confusion' and dual set of laws relating to online gaming and said that presently there is no clarity on whether central or state laws should be followed with respect to online gaming, the petition stated, while raising concerns over the government's move to establish Self Regulatory Bodies (SRBs). The NGO also opposed the appointments of self-regulatory bodies, saying that these would be financed by the gaming companies that have a vested self-interest in the regulation of the community.
The electronics and information technology ministry in April had announced changes in information technology rules that will govern the online gaming sector in India. The rules are aimed to govern online gaming in India through a self-regulatory mechanism and bring in place know-your-customer norms for users.
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