Celebs, influencers promoting online gambling and betting equally liable: CCPA
Manufacturers, advertisers, publishers, intermediaries, social media platforms, endorsers and other stakeholers will be held responsible for violation of guidelines
In response to increasing instances of advertisements promoting illegal activities such as betting and gambling, the Central Consumer Protection Authority (CCPA) has issued a comprehensive advisory. The advisory, by the Consumer Protection Act, 2019, emphasizes the prohibition of advertising, promotion, and endorsement of unlawful activities prohibited under various laws.
Betting and gambling are strictly prohibited under the Public Gambling Act, 1867, and are considered illegal in the majority of regions across the country. Despite this, online betting platforms and apps persist in advertising betting and gambling directly, as well as under the guise of gaming. Endorsements of such activities presents considerable financial and socio-economic implications, especially to the youth.
The advisory underscores the Ministry of Information and Broadcasting's efforts in issuing various advisories to media platforms, cautioning them against publicizing betting and gambling platforms. Online advertisement intermediaries have also been warned against targeting such advertisements toward the Indian audience.
The advisory highlights that, the Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022, categorically prohibit advertisements of products or services prohibited under any prevailing law.
It reiterates that the guidelines apply to all advertisements, irrespective of the medium used and warns celebrities and influencers that any engagement in the promotion or advertisement of online gambling and betting, given its unlawful status, renders one equally liable for participating in an illegal activity.
Through this advisory, CCPA cautions that any advertisement or endorsement of activities which are otherwise prohibited by law, including but not limited to betting or gambling, shall be subject to rigorous scrutiny. If any violation of the guidelines is found, stringent measures, as per the Consumer Protection Act, 2019, will be initiated against involved, including manufacturers, advertisers, publishers, intermediaries, social media platforms, endorsers, and any other relevant stakeholders.
Lauding the move to issue the advisory, Roland Landers, CEO, All India Gaming Federation said, “We are grateful to the Government for taking such a decisive step against anti-national illegal offshore gambling websites, which have been advertising in India in the garb of surrogate news and sports websites. AIGF has been highlighting this menace since 2018, and has been constantly taking up these issues with various Central Ministries and also providing evidence of uninterrupted advertising on major Indian OTT, satellite channels, newspapers and as sponsors in multiple Indian sports leagues. We will continue to monitor this and report any infraction to the Government. We hope that unlike earlier the TV networks, OTTs and news publishers will take this advisory seriously and not support these anti-national websites and give them prime-time airspace.”
The advisory noted that gambling is strictly prohibited under Indian law and is illegal in the majority of the country. Despite this, online gambling sites and apps persist in advertising gambling directly, as well as under the guise of gaming.
Landers further added, “This will also help is distinguishing legitimate Indian online skill gaming operators, which provide the highest player protection measures and are a form of entertainment against these illegal gambling sites which are the main reason for widespread consumer harm and problems.”
