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Influencers cautioned on online offshore betting

Influencers cautioned on online offshore betting

Online Gambling Regulation

In a bid to curb the proliferation of online gambling and its adverse impacts, the Ministry of Information and Broadcasting has issued a stern caution to social media influencers against promoting or advertising offshore online betting and gambling platforms. The ministry emphasised the significant financial and socioeconomic implications of online betting, particularly on youths.

The advisory also extends to online advertisement intermediaries, urging them not to target Indian audiences with promotional content related to gambling. Additionally, social media intermediaries have been called on to conduct sensitisation efforts among users, discouraging them from publishing such content.

Non-compliance with the advisory could lead to stringent actions under the provisions of the Consumer Protection Act, 2019. This includes the removal or disabling of social media posts or accounts, along with penal action under applicable statutes.

The advisory draws attention to section 79 of the IT Act, 2000, which exempts intermediaries from liability for third-party information. However, it underscores that this exemption does not apply if intermediaries fail to expeditiously remove or disable access to unlawful material on receiving actual knowledge or notification from the appropriate government or its agency.

Furthermore, the ministry reiterated the concerns expressed by the Central Consumer Protection Authority (CCPA) regarding endorsements of betting/gambling platforms by celebrities and influencers. The CCPA had previously cautioned against any direct or indirect advertisement or endorsement of such activities, subjecting them to rigorous scrutiny.