PIL in Delhi HC challenges new online gaming rules

An NGO based in Noida has filed a Public Interest Litigation (PIL) in the Delhi High Court questioning the legislative and constitutional validity of the Information Technology Intermediary Guidelines and Digital Media Ethics Code Amendment Rules, 2023, specifically regarding online gaming. The NGO argues that these rules exceed the legislative competence of the Union Government, as the Constitution grants exclusive powers to states to formulate laws on "betting and gambling." The NGO also points out that the introduction of rules by the Central Government has led to regulatory confusion, resulting in a conflicting set of laws concerning online gaming. It is currently unclear whether state or central laws should be followed in relation to online gaming. Additionally, the NGO has expressed concerns about the government's move towards establishing self-regulatory bodies (SRBs). The rules outsource regulatory powers of the state to SRBs, with online gaming companies financing these bodies.