Ministry of I&B Publishes Advisory for Influencers Regarding Online Betting Platforms

The Ministry of Information & Broadcasting (I&B) in India has taken a decisive step to address a growing concern – the promotion of offshore online betting and gambling platforms by influencers and celebrities. With an aim to protect consumers, particularly the youth, from the potential harms associated with such activities, the Ministry has issued an advisory, urging endorsers and online advertisement intermediaries to exercise caution and responsibility in their promotional endeavors.

In a notice dated 21st March 2024, the Ministry reiterated its stance against the promotion of online betting platforms and surrogate advertisements, highlighting the legal and socio-economic ramifications of such endorsements. Citing the Central Consumer Protection Authority’s concerns regarding the legality of offshore online betting and gambling platforms, the advisory underscores the need for rigorous scrutiny of advertisements and endorsements that promote activities prohibited by law.

Under Section 79 of the IT Act, 2000, intermediaries are granted exemption from liability for third-party content hosted on their platforms. However, the Ministry asserts that this exemption does not apply if intermediaries fail to expeditiously remove unlawful content upon receiving knowledge or notification from the appropriate government authority. This places a significant responsibility on intermediaries, including social media platforms, to monitor and regulate the content shared on their platforms, especially advertisements promoting prohibited activities like online betting and gambling.

Failure to comply with the advisory may result in legal proceedings under the provisions of the Consumer Protection Act, 2019, as well as the removal or disabling of social media posts and accounts containing promotional content for offshore online betting and gambling platforms. Click here to read the detailed advisory. 

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