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No. DM/15/2022-DM
Government of India
Ministry of Information & Broadcasting
A Wing, Shastri Bhawan
New Delhi-110001

Dated 13th June, 2022

ADVISORY

To
i. Newspapers registered under Press and Registration of Books Act, 1867
ii. Private Satellite Television Channels
iii. Publishers of news and current affairs content on digital media

Subject: Advisory on Advertisements of Online Betting Platforms

The Ministry of Information 84 Broadcasting, on 04.12.2020, had issued an Advisory to Private Satellite TV channels (copy enclosed) to adhere to the Advertising Standards Council of India (ASCI) guidelines on advertisements of online gaming which contained specific Do’s and Dont’s for static/print and audio-visual advertisements of online gaming.

2. It has now come to the notice of this Ministry that a number of advertisements of online betting websites/platforms are appearing in print, electronic, social and online media.

3. Betting and gambling is illegal in most parts of the country, and concerns have been expressed that advertisements of online betting promote an activity which is otherwise largely prohibited and poses significant financial and socio-economic risk for the consumers, especially youth and children. Further, advertisements of online betting are misleading, and do not appear to be in strict conformity with the Consumer Protection Act 2019, Advertising Code under the Cable Television Networks Regulation Act, 1995, and advertisement norms under the Norms of Journalistic Conduct laid down by the Press Council of India under the Press Council Act, 1978, a reference to which has also been made in the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

4. In light of the above and having regard to the larger public interest involved, the print and electronic media is advised to refrain from publishing advertisements of online betting platforms. The online and social media, including the online advertisement intermediaries and publishers, are advised not to display such advertisements in India or target such advertisements towards the Indian audience.

(Kshitij Aggarwal)
Assistant Director (Digital Media)
Email: kshitij.aggarwal@gov.in

Copy to:

i. Secretary, Ministry of Consumer Affairs, Government of India

ii. Secretary, Ministry of Electronics and Information Technology

iii. Secretary, Press Council of India

iv. Self-Regulatory Bodies under Cable Television Network (Amendment) Rules, 2021

v. Self-Regulatory Bodies under Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021

vi. Social media intermediaries

vii. Secretary, Advertising Standards Council of India

No. 4407/13/2019-BC-I
Government of India
Ministry of Information & Broadcasting
A Wing, Shastri Bhavan
New Delhi — 110 001

Dated the 4th December, 2020

To

All Private Satellite TV Channels

Subject: Advisory on Advertisements on Online Gaming, Fantasy Sports, etc.

It had come to the notice of the Ministry of Information & Broadcasting that a large number of advertisements on Online Gaming, Fantasy Sports, etc have been appearing on television. Concerns were expressed that such advertisements appear to be misleading, do not correctly convey to the consumers the financial and other risks associated thereof, are not in strict conformity with the Advertising Code laid down under Cable Television Networks (Regulation) Act, 1995 and the Consumer Protection Act, 2019. Accordingly, the Ministry of Information & Broadcasting, alongwith the Ministry of Consumer Affairs and Ministry of Electronics & Information Technology convened a stakeholders consultative meeting on 18.11.2020 with Advertising Standards Council of India (ASCI), News Broadcasters Association (NBA), Indian Broadcasting Foundation (IBF), All India Gaming Federation (AIGF), Federation of Indian Fantasy Sports (FIFS) and the Online Rummy Federation (ORF).

2. After discussion and consultation it was agreed that ASCI would issue an appropriate guideline for the benefit of the advertisers and broadcasters to ensure that the advertisements are transparent and protect consumers. Through a Press Release of 24.11.2020 ASCI has issued the Guidelines, a copy of which is enclosed. ASCI has proposed that these Guidelines would be effective from 15th December, 2020.

3. In the light of the above, all broadcasters are advised that the Guidelines issued by ASCI are complied with and advertisements broadcast on television adhere to the aforementioned Guidelines of ASCI. It may also be ensured that advertisements do not promote any activity which is prohibited by statute or law.

This issues with the approval of the Competent Authority.

Encl: As above.

(G.C. Aron)
Director (BC)
Tel. 23386394

Copy to:

1. Ms. Manisha Kapoor, Secretary General, Advertising Standards Council of India (ASCI, 717/B, Aurus Chamber, SS Amrutwar Marg, Worli, Mumbai —400018. (contact@ascionline.org, manisha@acionline.org)

2. Mrs. Annie Joseph, Secretary General, News Broadcasters Association (NBA), Mantee House, C-56/5, 3rd Floor Sector-62, Noida, Uttar Pradesh-201301. (nbaRnbanewdelhil.com)

3. Shri Radhakrishanan, Secretary, Indian Broadcasting Foundation (IBF), B-304, Ansal Plaza, 3rd Floor, Khelgaon Marg, New Delhi-110049. (ibf@ibfindia.com)

4. All India Gaming Federation (AIGF), 928, 9th Floor, Unit No. 9, Corporate Park-II, Near Swastik Chambers, V.N Purav Marg, Mumbai — 400071 (relations@aigf.in)

5. Federation of Indian Fantasy Sports (FIFS), 1901, A-Wing, Naman Midtown, Senapati Bapat Marg, Elphinstone-West Mumbai, Mumbai -400013. (anwar@fifs.in)

6. The Online Rummy Federation (ORF), 011/A, Keral Town, B-J, Patel Road, Malad West, Mumbai-400064 (contact@torg.in)

GUIDELINES ON ONLINE GAMING ISSUED BY
ADVERTISING STANDARDS COUNCIL OF INDIA (ASCI) ON 24.11.2020
(EFFECTIVE FROM 15TII DECEMBER, 2020)

1. No gaming advertisement may depict any person under the age of 18 years, or who appears to be under the age of 18, engaged in playing a game of ONLINE GAMING FOR REAL MONEY WINNINGS, or suggest that such persons can play these games.

2. Every such gaming advertisement must carry the following disclaimer:

a. Print/static: This game involves an element of financial risk and may be addictive. Please play responsibly and at your own risk

i. Such a disclaimer should occupy no less than 20% of the space in the advertisement

ii. It should also SPECIFICALLY meet disclaimer guidelines 4 (i) (ii) (iv) and (viii) laid out in the ASCI code

b. Audio/video: “This game involves an element of financial risk and may be addictive. Please play responsibly and at your own risk.”

i. Such a disclaimer must be placed in normal speaking pace at the end of the advertisement

ii. It must be in the same language as the advertisement

iii. For audio-visual mediums, the disclaimer needs to be in both audio and visual formats

3. The advertisements should not present ‘Online gaming for real money winnings’ as an income opportunity or an alternative employment option.

4. The advertisement should not suggest that a person engaged in gaining activity is in any way more successful as compared to others.

******

Also Read: CCPA Advisory: Ban on Illegal Gambling Advertisements

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