Introduction: The Ministry of Information & Broadcasting, Government of India, issued Advisory No. DM/15/2022-DM on April 6, 2023, addressing the persistent issue of advertisements, especially surrogate promotions, for online betting platforms. The advisory, directed at newspapers, television channels, digital media publishers, and online advertisement intermediaries, emphasizes the gravity of violating statutes and guidelines related to such content.
Detailed Analysis:
1. Background and Previous Advisories: The advisory refers to prior advisories on June 13, 2022, and October 3, 2022, emphasizing the Ministry’s objection to the publication and transmission of advertisements for betting platforms on various media platforms. It underscores the illegal nature of betting and gambling activities, invoking statutes like the Consumer Protection Act, 2019, Press Council Act 1978, and Information Technology Rules, 2021.
2. Violations by News Publishers: Despite clear directives, recent instances reveal mainstream newspapers, including English and Hindi publications, publishing advertisements for betting sites/platforms. Some ads even encourage audiences to watch sports leagues on these platforms, potentially violating the Copyright Act, 1957. Exemplars of such ads are provided.
3. Strong Government Reaction: The Ministry expresses strong disapproval of these practices, urging all stakeholders, including media platforms and online advertisement intermediaries, to immediately cease displaying such advertisements. The advisory warns of potential government action under various statutes if news publishers fail to comply.
Conclusion: Advisory No. DM/15/2022-DM serves as a stern warning from the Government of India to combat the proliferation of illegal online betting advertisements. Despite earlier advisories, recent instances of mainstream media violating guidelines have prompted the Ministry of Information & Broadcasting to take a firm stance. The advisory underscores the illegality of betting activities and the responsibility of media entities to adhere to ethical and legal standards. The government’s commitment to enforcing regulatory measures is evident, and stakeholders are urged to prioritize public responsibility over revenue generation. As the competent authority approves this advisory, the document serves as a pivotal tool to safeguard against the potential threats posed by unlawful betting promotions, reinforcing the government’s determination to maintain integrity within the media industry.
Also Read: CCPA Advisory: Ban on Illegal Gambling Advertisements
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No.DM/15/2022-DM
Government of lndia
Ministry of Information &. Broadcasting
A Wing, Shastri 13hawan
New Delhi — 110 001.
April 6, 2023
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
(iv) Online Advertisement Intermediaries
Subject: Advisory on Advertisements including Surrogate Advertisements of Online Betting Platforms — reg.
Attention is invited to Advisories issued by this Ministry on 13.06.2022 followed by that on 3rd October, 2022 on the above subject wherein the Ministry had taken strong exception to the publication/transmission on various media platforms of advertisements/promotional content of betting platforms/sites and had strongly advised media to refrain from transmitting such content, including their depiction as news websites or such other activities in a surrogate manner. While issuing the advisory, the Ministry had made mention of the fact that betting and gambling is an illegal activity and hence advertisements/promotion of such activities directly or indirectly on any of the media platforms falls foul of the various statutes, including under the Consumer Protection Act, 2019, the Press Council Act 1978, Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 etc. Attention is also invited to the Norms of Journalistic Conduct of the Press Council which, interalia, mentions that “newspapers should not publish an advertisement containing anything which is unlawful or illegal……..”, and further that “The newspapers and periodicals should scrutinize the advertisement inputs from ethical as well as legal angles in view of the editor’s responsibility for all contents Including advertisement, under Section 7 of PRB Act, 1867. Revenue generation alone cannot and should not be the sole aim of the Press, juxtaposed much larger public responsibility”.
2. In spite of the above very clear position, the Ministry has been informed of recent instances where news publishers, including mainstream English and Hindi newspapers, have published/printed advertisements/promotional content of betting sites/platforms which are clearly violative of the statutes and the various norms/guidelines issued thereunder as also goes against the very spirit of the advisory issued by MIB. It is also noticed that some of the news publishers have carried advertisements of a betting platform in which the audience are being encouraged to watch a sports league on its platform, which prima facie appears to be a case of piracy of content and violative of the Copyright Act, 1957. Exemplars of such advertisements are enclosed.
3. The Ministry takes strong exception to such practices and urges all stakeholders, including the media platforms and the various online advertisement intermediaries, to immediately refrain from showing such advertisements/promotional content in any form whatsoever. In the event news publishers, etc., are found to be not adhering to the aforementioned Advisory, the Government would be constrained to take appropriate action under the various statutes.
This issues with the approval of the competent authority.
Encl: as above
(Kshitij Aggarwal)
Deputy Director (Digital Media)
Email: kshitij.aggarwal@gov.in
Copy to:-
1. Secretary, Ministry of Consumer Affairs, Government of India
2. Secretary, Ministry of Electronics & Information Technology
3. Secretary, Press Council of India
4. Self-Regulatory Bodies under Cable Television Network (Amendment) Rules, 2021.
5. Self-Regulatory Bodies under Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
6. Online Advertisement Intermediaries
7. Secretary, Advertising Standards Council of India (ASCI)
8. Various associations of print media and electronic media
