According to Additional Solicitor General N Venkataraman, the government’s new rules prohibit online real money games that involve wagering on uncertain outcomes. Despite attempts by certain industry players to pass off wagering as games of skill, Venkataraman asserts that distinguishing between skill-based and chance-based games in the context of wagering is a mistake.
Venkataraman emphasizes the need to evaluate the rules based on the country’s Constitution, statutory provisions, and Supreme Court judgments. He states that the new rules are clear and have been supported by court rulings that deem wagering illegal and businesses based on wagering as outside the realm of commerce.
The new rules require all online games with prizes to be registered with Self Regulatory Organisations (SROs) comprising experts from various fields. If a game involves wagering, it will not be registered by the SROs and cannot be hosted online. The rules also prohibit any advertisement related to such online games.
Venkataraman argues that trying to differentiate between skill-based and chance-based games in the context of wagering is futile. He questions how one can predict the outcome of a game before it is even played and highlights the uncertainties that make wagering enticing.
The Minister of State for Electronics and IT, Rajeev Chandrasekhar, has clarified the new rules during consultations, but some industry players are attempting to confuse the matter by claiming their games involve skill.
Venkataraman uses the examples of Teen Patti and Cricket to illustrate that both games have unknown and uncertain outcomes for players and spectators. Regardless of skill or chance, when money is wagered on the outcome, it becomes gambling.
He further cites Supreme Court decisions from 1957 to 1995, which define wagering as illegal under relevant state laws. He dismisses the argument that experts can accurately predict outcomes based on data sets.
While acknowledging that participating in fee-based tournaments or matches is legal, Venkataraman clarifies that predicting game outcomes and seeking higher returns through wagering is prohibited.
Regarding the exemption of certain real money games claiming to be skill-based, Venkataraman states that states must adhere to the laws established by the Supreme Court. He reiterates that wagering occurs regardless of the nature of the game when money is placed on unpredictable outcomes.
Venkataraman raises concerns about the societal and fiscal impact of online real money games involved in wagering. He notes that many such sites operate outside India, resulting in Indian money flowing out of the country without contributing to taxes or regulation.
He asserts that the controversy surrounding online games extends beyond the question of legality. He highlights the issues of addiction, loss of money, possible money laundering, and other crimes associated with these games.
In summary, Venkataraman strongly upholds the government’s new rules on online real money games, emphasizing the illegality of wagering and the need to evaluate games based on their uncertain outcomes. He criticizes attempts to differentiate between chance and skill and calls for adherence to constitutional provisions and Supreme Court judgments. He also highlights the societal and fiscal risks posed by online gambling and the need for stricter regulation.
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Eugen Boglaru is an AI aficionado covering the fascinating and rapidly advancing field of Artificial Intelligence. From machine learning breakthroughs to ethical considerations, Eugen provides readers with a deep dive into the world of AI, demystifying complex concepts and exploring the transformative impact of intelligent technologies.
