"Refrain from promoting offshore betting, gambling platforms": Centre to social media influencers
Mar 21, 2024
New Delhi [India], March 21 : The Ministry of Information and Broadcasting has issued an advisory, asking all endorsers and influencers on social media to refrain from promoting or advertising, including surrogate advertisements, of offshore online betting and gambling platforms, officials said on Thursday.
According to the official statement, the Ministry has said that these advertisements have a significant financial and socio-economic implications of online betting and gambling on consumers, particularly youth.
The Ministry of Information and Broadcasting has also advised the online advertisement intermediaries not to target such promotional content towards Indian audiences.
"Social media intermediaries have also been advised to conduct sensitization efforts among their users to refrain from publishing such content," it said.
It further said that failure to comply may lead to the removal of social media posts and accounts.
"The advisory cautions that failure to comply with it may lead to proceedings under the provisions of the Consumer Protection Act, 2019, including the removal or disabling of social media posts or accounts and penal action under the applicable statutes," it said.
The advisory underlines that while Section 79 of the IT Act, 2000 provides for exemption from liability of intermediaries for third party information, data, or communication link made available or hosted by them, Sub section (3)(b) of section 79 provides that the exemption from liability shall not apply if upon receiving actual knowledge, or on being notified by the appropriate Government or its agency that any information, data or communication link residing in or connected to a computer resource controlled by the intermediary is being used to commit the unlawful act, the intermediary fails to expeditiously remove or disable access to that material on that resource without vitiating the evidence in any manner.
The Ministry has reiterated the advisory by the Central Consumer Protection Authority (CCPA) of March 6, which expressed concerns regarding endorsements of betting or gambling platforms by celebrities and influencers to endorse and promote their betting activities, and cautioned that any such direct or indirect advertisement or endorsement shall be subject to rigorous scrutiny.
"Based on the above provisions of law, and the significant financial and socio-economic implications of online betting and gambling on consumers, particularly the youth, the Ministry hereby strongly advises all endorsers and influencers on social media to refrain from showing such promotional content/advertisements, including surrogate advertisements, of offshore online betting and gambling platforms in any form whatsoever," the ministry said, adding that while the online advertisement intermediaries are advised not to target such content towards Indian audience, the social media intermediaries are advised to conduct sensitization efforts among their users to refrain from publishing such content.
