The Ministry of Information and Broadcasting recently issued an advisory concerning the regulation of surrogate advertisements of online betting platforms.
About the advisory:
- The advisory aims to curb the promotion and advertising, including surrogate advertisements, of offshore online betting and gambling platforms.
- Influencers and online advertisement intermediaries are specifically addressed, with a directive to refrain from promoting these platforms to the Indian audience.
Key Highlights of the advisory:
- Influencers are urged to avoid endorsing offshore online betting and gambling platforms through any means, including surrogate advertisements.
- Online advertisement intermediaries are instructed not to target or disseminate such content to the Indian audience.
- The advisory outlines the significant financial and socio-economic consequences of online betting and gambling, especially on the youth.
- It warns that non-compliance with the advisory may lead to proceedings under the Consumer Protection Act, 2019.
- Social media intermediaries are encouraged to conduct sensitisation efforts to educate users about the risks and regulations surrounding online betting and gambling.
Previous Regulatory Frameworks:
- The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which emphasized the importance of disclaimers and the prohibition of targeting children in advertisements.
- Section 79 of the IT Act offers intermediaries exemption from liability under certain conditions but mandates the removal of unlawful content upon notification.
- The Ministry of Information & Broadcasting holds the authority to demand the removal of illegal advertisements.
- The Consumer Protection Act, 2019, provides a legal framework for action against those promoting illegal activities through advertisements.
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