Online betting ads: Govt to introduce norms to adhere to Code to Advertising in IT Rules

The inclusion of this mandate in the IT Rules is likely to make it harder for platforms or publishers to publish online betting advertisements.

In a bid to tackle the relentless swarm of online betting advertisements, the Indian government is set to introduce norms under the Information Technology Rules mandating that publishers have to adhere to the Code of Advertisements, sources told Moneycontrol.

This comes after the Ministry of Information and Broadcasting (MIB) sent out multiple advisories to social media platforms, advertisement intermediaries and others, urging them not to host surrogate advertisements of online betting platforms.

This new mandate is likely to be introduced under the 'Code of Ethics and Procedure and Safeguards In Relation to Digital Media' section of the IT Rules. The section is better known as the Digital Media Ethics Code Rules, and is meant for publishers of news and current affairs content, and publishers of online curated content.

"The new norms under the digital media guidelines will mandate that advertisements should not go against the advertising code. We are going to soon release it," a senior government official said.

Currently, advertising codes/norms are prescribed under the Cable Television Network Rules of 1994. These norms say that advertisements cannot go against any provision of the Constitution "presents criminality as desirable," exploits social evils like dowry and so on.

The government has been urging entities to adhere to the Code of Advertisement in the multiple advisories that it has sent out to platforms.

For instance, an advisory by MIB from 2022 said, "Betting and gambling is an illegal activity in most parts of India. In accordance with Paragraph 9 of the Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements 2022 under

the Consumer Protection Act, 2019, it has been observed that since betting and gambling are illegal, advertisements of online offshore betting and gambling platforms are also illegal. In this regard, it may be noted that in accordance with the Advertising Code under Cable TV Network Regulation Act 1995, advertisements of betting platforms, being an illegal activity, can not be shown on TV channels."

The inclusion of this mandate in the IT Rules is likely to make it harder for platforms or publishers to publish online betting advertisements.

Under the Digital Media Ethics Code section of the IT Rules, the government has power to block content on platforms, "warn, censure, admonish or reprimand" entities and so on.

It is important to point out that while gambling is prohibited in India under the Public Gambling Act, 1867; online betting apps have remained a State subject with Telangana and Andhra Pradesh banning such online activities.

Earlier this year, the Ministry of Electronics and Information Technology (MeitY) had issued orders to block 138 online betting and gambling apps on an "urgent" and "emergency" basis. According to reports, the ministry acted on the recommendation of the Ministry of Home Affairs on 'emergency blocking' of these apps.

Despite this ban, platforms such as Parimatch, 1xBet, WinBuzz, Fairplay and Lotus365 have continued their promotions in the country. Many have even signed on prominent celebrities as brand ambassadors to endorse their betting platforms through surrogate products across different mediums.