Brief Analysis of Online Gaming Regulations Bill 2022
E-Sports as an emerging field:
By invoking Article 77, clause 3 of Indian Constitution, the president of India Draupadi Murmu took a huge step in expanding the scope of E-Sports in India. E-Sports are now a part of country’s conventional sports. Ms Murmu had requested the Ministry of Sports, Electronics and Information Technology for integrating the E-Sports into Multiple number of E-Sports Competitions by emphasizing that the present Indian Government acknowledges the increasing importance of Sports.
In 2018 Asian Games, which was held in Jakarta, E-Sports were included which shows that the government was not only talking but they are eager to expand the E-Sports Industry. Furthermore, it has also been included in multiple school curriculums. Given that esports have the potential to be both educational and developmental, there is a strong desire to bring esports into the academic realm and highlight its importance as more than just a form of entertainment.
Essentially, esports, or electronic sports, have been officially recognized by the Indian government as an important part of multi-sport competitions. This change in viewpoint not only reflects how sports and entertainment are changing, but it also shows that esports are being actively welcomed into the country’s larger cultural and educational framework.
Online Gaming and Regulations Bill 2022:
The present bill was introduced as bill no 78 of 2022 to establish an effective regime to regulate online gaming industry to prevent fraud and misuse and for matters connected therewith or incidental thereto.
Constiution of Online gamig commission:
The Online Gaming Commission, which would be constituted by the Central Government and consist of a Chairperson, Vice-Chairperson, and five government-nominated members, is described in Sections 3 and 4 of this bill. Experts in law, computer technology, and law enforcement are among the members. Every appointee has a three-year term of office and is eligible to leave with writing notice, including the Chairperson and Vice-Chairperson. A member may be removed by the Central Government for a number of reasons, including insolvency, a criminal record, mental incompetence, inaction, or misuse of official authority.
The Central Government appoints a Secretary and other essential staff to support the Commission. The government sets Commission employees’ pay, benefits, and terms of employment.
Among the Commission’s responsibilities are monitoring online gaming websites, recommending steps to stop unlawful online gaming, managing licences for these websites, and reporting to the Central Government on a regular or special basis. The fees for new licence applications and renewals are also set by the Commission. Furthermore, any pertinent topic may be sent to the Commission for consideration by the Central Government.
License for Online Gaming:
Section 5 of this bill states that the only way to play online gaming is through online gaming websites. For operating the online gaming server or website, a license is a must now. If people will be running such websites without a licence they would be subject to three years of imprisonment along with the fine. The bill has incorporated this strict provision for building an effective foundation of online gaming operations.
According to section 6 of the bill a written application in the required format must be submitted to the commission for acquiring the licence. Once such applications would be received by the commission they will be carrying out the required investigations and then publishing a formal order with their justification to it in written by either granting or refusing the application for license. Through this procedure they could ensure a fair and impartial assessment for the applications.
As per section 7 such license given under section 6 would be in force for a period of 6 years until and unless it is revoked or voluntarily given up by the parties. A licensee can give up their license by notifying the commission through a written notice. Even if the licensee chooses to give up their license they cannot escape their liability of any deeds or inactions done before their license was terminated. This makes sure that people do not use, giving up their license as a weapon to escape liabilities.
Breach and Punishments:
As per section 13 of the bill anyone other than the licensee, who would be violating the terms of licensing it rules of the E-Sports would be subject to fine as may be prescribed.On the authorised website, the licensee is required to post all regulations and the terms of the granted licence.
The Commission may ask the police to assist in looking into possible violations of this Chapter’s rules, as allowed by Section 14. It gives police officials the authority to search and seize items in compliance with the 1973 Code of Criminal Procedure, even if they are not below the rank of Deputy Superintendent.
As per Section 15, all offences falling under this chapter are subject to cognizance and bail. As a result, suspects in certain crimes may be freed on bond while additional legal action is taken by law enforcement, all without the need for a warrant.
Analysis & Conclusion:
With around 420 million active players, the Indian online gambling market has grown quickly over the past ten years, underscoring the necessity for extensive regulation to control its significant national influence. In the upcoming years, it is anticipated that a growing number of people will be exposed to online gaming as the internet spreads throughout rural India. The increased availability of information highlights the possible negative effects of extended gaming, especially for young people.
Long-term gaming sessions have been shown to have a number of negative repercussions, including impaired socialisation, bodily and emotional injury, and even financial loss. Concern has arisen over the widespread usage of “in-app purchases” in many games, which generate a sizable amount of income. Youngsters frequently wind up wasting money and contributing to the waste of national resources because they are persuaded by their peers or the drive to obtain virtual assets within the games.
Furthermore, users have pointed the finger at online games for wasting their valuable time. Although these games are enjoyable for leisure, it is well known that they are addictive. The idea of establishing a national commission to supervise and regulate the online gaming business becomes essential in light of the possible social, economic, and health risks connected to unregulated gaming behaviours.
The proposed Online Gaming Commission is responsible for establishing and enforcing guidelines that control the online gaming industry in India. These rules ought to change together with the industry, making sure that standards are always updated to take new issues and challenges into account. Most importantly, the commission needs to think about putting restrictions on gaming activities in place, like daily time limits and individual expenditure caps.
India can achieve a balance between fostering the growth of the online gaming sector and protecting the welfare of its population, especially the younger generation, by establishing a national commission tasked with overseeing the industry. By means of meticulous deliberation and modification of regulations, the commission would assume a vital function in moulding conscientious gaming habits and alleviating possible hazards linked to excessive and unmonitored online gaming.
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Written by- Aditi