MIB directs media to carry ASCI disclaimer with online gaming, fantasy sports ads

The Ministry of Information & Broadcasting (MIB) has asked the media – broadcasters as well as print publishers – to comply with the guidelines issued by the Advertising Standards Council of India (ASCI) regarding ads related to fantasy sports, online gaming, etc.

MIB noted that a large number of ads on online gaming and fantasy sports have been appearing on television, especially the recently concluded IPL 2020 and the ongoing India-Australia cricket series. In its advisory issued, MIB also stated that concerns were expressed that such advertisements appear to be misleading, do not correctly convey to the consumers the financial and other risks associated thereof, are not in strict conformity with the Advertising Code laid down under the Cable Television Networks (Regulation) Act, 1995 and the Consumer Protection Act, 2019.

ASCI’s guidelines state that “No gaming advertisement may depict any person under the age of 18 years, or who appears to be under the age of 18, engaged in playing a game of online gaming for real money winnings, or suggest that such person can play these games.”

ASCI further said that every such gaming ad needs to carry the following disclaimer:

For print and static medium: “This game involves an element of financial risk and may be addictive. Please play responsibly and at your own risk.”

ASCI stated that such a disclaimer should occupy no less than 20 per cent of the space in the advertisement.

For audio/ video medium: “This game involves an element of financial risk and may be addictive. Please play responsibly and at your own risk.”

As per ASCI guidelines, such a disclaimer must be placed in normal speaking pace at the end of the advertisement and the disclaimer needs to be in both audio and visual formats. Moreover, it must be in the same language as the advertisement.

ASCI guidelines further mandate that the advertisements should not present ‘Online gaming for real money winnings’ as an income opportunity or an alternative employment option.

The advertisements should also not suggest that a person engaged in gaming activity is in any way more successful as compared to others.

It may be noted here that MIB, along with the Ministry of Consumer Affairs and Ministry of Electronics & Information Technology had convened a stakeholders meeting on November 8, 2020 with ASCI, News Broadcasters Association, Indian Broadcasting Foundation, All India Gaming Federation, Federation of Indian Fantasy Sports and the Online Rummy Federation.

After discussions and consultations it was agreed that ASCI would issue an appropriate guideline for the benefit of the advertisers and broadcasters to ensure that the advertisements are transparent and protect consumers. Following this, ASCI issued these guidelines and proposed that they would be effective from December 15, 2020.

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