Dream 11 – Online Gaming vs. Gambling | (Hindi) | Public Gambling Act 1867 |
Friends have got anybody asked you, “permit me do your work, you go and create your team on Dream 11.”
On the one paw, big celebrities are doing the Ad of Dream 11, on the other paw, the news is published inward the newspaper “Police arrested iv people betting on cricket.”
Brother, what is this all going on?
Is it that, this is part of the Digital India campaign of the authorities of India.
If you bet offline then its illegal,
And if you do so online it will be legal.
It’s amazingly goodness.
Dream 11 has received the clean chit from the High Court. You know that Dream 11 was also the official sponsor partner of IPL 2020 this year.
I also had to do a lot of research to solve this puzzle.
Are you also interested inward knowing which game is legal and which is illegal?
After all, what should be considered a game, and what should be gambling?
Are there any different laws for online and offline?
Are there similar laws across India related to it?
A few days ago Google removed the PayTm App from the Play Store. The reason was a violation of Gambling rules.
Looking at the increasing popularity of Online Gaming Platforms similar Dream 11 and Paytm firstly, it seems as if it is being used as a Proxy for Online Gambling. This online Gaming platform invites financial transactions, but due to no clear and specific law or regulation, it has been kept inward the category of ‘Games of Skills’.
Gambling and Betting have got been kept as State subjects inward Schedule VII of the Indian Constitution. The law to rule it is the Public Gambling Act 1867. Each state has enacted its own law. The lottery has been regulated inward some states, some have got banned, while some have got only allowed online lottery. Similar is the case of casinos.
But everyone has excluded ‘Games of Skills’ from the definition of gambling. While this is a 150 years old law, nothing is clear about which ones are skill-based games and which ones are chance-based.
Popularity
According to a report, 57 crore people are using the cyberspace inward India, out of which 37 crores are streaming online games. About 400 startups are active inward the online gaming manufacture and many companies also have got strange funding.
On the basis of revenue, the manufacture is now worth about Rs. 6500 crores and is grooving at 24% annually. If an unaccounted revenue a big part of which is being played inward illegal shape or liberate gaming, casual gaming, is also added to it then it is worth of o $150 billion inward manufacture.
The game operator has to pay GST and the winners have got to pay income tax. It is not that online gaming is white money and the Govt. gets tax, so permit it run.
inward August 2020, Hyderabad Police arrested some Chinese nationals who were illegally running online betting sites. Under China-based companies, about 15-20 companies have got been registered inward India under different names. They created many websites and registered members. They collected money inward different accounts and then they would rotate it into 2-3 company accounts and then transfer it overseas. ED has tracked the transactions of Rs.1100 crores which is only for this year. Out of these, only Rs.30 crores are attached which were inward Indian bank accounts. If online fantasy games are considered gambling and States are allowed to create regulations on it, then there can be two benefits.
1. Unauthorized websites can be stopped. This will prevent fraud with the public.
2. License fees can be collected from game operators and income tax can also be taken inward a higher slab on the amount of reward.
Self-Regulation as an Option
inward many industries, instead of the authorities making regulations, the responsibility is given to the Self Regulating Authorities to frame operating rules and ethics for themselves and monitor the registered members.
As we recently saw inward the TRP case, Broadcasters and Advertisers have got collectively formed BARC (Broadcast Audience Research Council), which calculates TRP and decides the rates of an advertisement on the basis of the same. There is the NBA (News Broadcasters Association) which regulates news channels.
Similar is the FIFS [Federation of Indian Fantasy Sports] which regulates online gaming sites inward India.
Limitations
Friends, the Govt. or the court has some limitations
Making a law or amending it is a long process, then some political and public pressure also remains. We have got seen what happened at the time of CAA and what is happening on Farmer Bill right now.
Courts follow the written laws, their interpretation inward things that are not specifically defined.
So the public also has a big responsibility to avoid things that are not morally correct and also hold others aware.
The Govt. also gets strength from public pressure to create regulations.
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