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Karnataka Government has formed a committee to draft the new legislation aimed at regulating online gamblingand betting platforms, to curb fraudulent practices and support the legal gaming sector.

  • Gambling can be defined as a game comprising three key elements: consideration, an element of chance, and a reward. 

Need for regulating online betting

  • Better monitoring and enforcement: legalisation of regulated betting and gambling activities, asserting that a complete ban has not been returning the desired results. (276th Report of Law Commission)
  • To address the issue of match-fixing: Regulating betting could help reduce unethical participation by sportspeople in betting. (Justice Lodha Committee)
  • Curbing black money: FICCI has been urging the government to legalize betting, estimating potential revenues of 12,000-19,000 crore rupees.

Concerns in regulating online betting and gambling

  •  Games of skill: Sports betting conceptually resembles horse betting therefore sports betting should be permitted in India.
    • In RMD Chamarbaugawala v. Union of India Case (1957), Supreme Court held that activities involving substantial skill are considered commercial and are protected under Article 19(1)(g) of the Constitution.
  • Gambling is a state subject: It will violate the federal principle of division of power between centre and states, if Centre attempts to regulate it.
  • Effect on tourism: Most states have banned it for locals but Gambling is a tourist attraction in states like Goa.

Existing Regulatory Framework

  • Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“IT Rules 2021”): Co-regulatory regime whereby MeitY-recognised, independent self-regulatory bodies to verify whether an “online real-money game” is to be made available to the general public or not.
  • Information Technology (Intermediary Guidelines and Digital Media Ethics Code) (Amendment) Rules, 2023: seek to regulate online gaming by mandating their verification, registration, and transparency regarding privacy policies as well as user agreements.
  • State specific rules: State of Assam has Assam Gaming and Betting Act (1970); Goa has Goa, Daman and Diu Public Gambling Act (1976), etc.
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