The Ministry of Electronics and Information Technology invites feedback on the draft amendments to the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 in relation to online gaming

Extension of time for inviting feedback on the draft amendments to the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 in relation to online gaming and inclusion in the draft amendments relating to due diligence by an intermediary.

About

With the user base of online games growing in India, need has been felt to ensure that such games be offered in conformity with Indian laws and that the users of such games be safeguarded against potential harm. Further, with a view to enable consideration of issues related to online gaming in their totality, Government of India has allocated matters related to online gaming to the Ministry of Electronics and Information Technology.

Against this backdrop, after taking into account inputs received from various Ministries/Departments concerned as well as other stakeholders, the Ministry has prepared draft amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 made by the Government in exercise of its powers under the Information Technology Act, 2000. The draft amendments are aimed at addressing the said need, while enabling the growth of the online gaming industry in a responsible manner.

The draft amendments envisage that an online gaming intermediary shall observe the due diligence required under the rules while discharging its duties, including reasonable efforts to cause its users not to host, display, upload, publish, transmit or share an online game not in conformity with Indian law, including any law on gambling or betting. Moreover, it shall observe additional due diligence by displaying a registration mark on all online games registered by a self-regulatory body and informing its users regarding its policy related to withdrawal or refund of deposit, manner of determination and distribution of winnings, fees and other charges payable and KYC procedure for user account registration. Self-regulatory bodies will be registered with the Ministry and may register online games of such online gaming intermediaries who are its members and which meet certain criteria. Such bodies will also resolve complaints through a grievance redressal mechanism.

The draft amendments are placed on the Ministry’s website at https://www.meity.gov.in/content/extension-time-inviting-feedback-draft-amendments-it-intermediary-guidelines-and-digital. The text of the rules as they would stand after effecting the amendments (with the amended portions of the text shown in colour) is also placed at https://www.meity.gov.in/content/extension-time-inviting-feedback-draft-amendments-it-intermediary-guidelines-and-digital

Feedback is invited from the public on these draft amendments. Submissions will not be attributed to individuals publicly and will be held in fiduciary capacity to enable persons submitting the feedback to provide the same freely.

Important Dates

Start Date: 2nd Jan 2023
End Date: 25th Jan 2023