Developing a Responsible Gaming Model for the Online Gaming Industry of India

Abstract

India has found a new national pastime in gaming. Almost all Indian citizens who own a smartphone play one kind of game or another. There have been several reports by leading organizations on the growth of gamers in India and the gaming industry in general. Several judicial pronouncements such as Varun Gumber v. UT of Chandigarh and State of Andhra Pradesh v. K Satyanarayana, have already settled that skill-based games can be offered for money in India. However, there have been several backlashes against these games primarily because of the perils of gambling. There has been inaction by the legislature and judiciary to introduce several safeguards to these games and give finality to the legal status of these games. Instead, there are increasing efforts by several stakeholders to ban these games altogether. The need of the hour is to introduce the principles of responsible gaming in India and regulate the gaming industry through this framework. This article analyzes 1) the concept of responsible gaming and the adoption of models of responsible gaming, 2) various approaches to responsible gaming, 3) the origins of responsible gaming in India and drawings from Indian organizations on gaming, and 4) the adoption of the smart-card approach in India. The author has used a doctrinal method of study relying on case laws, articles, policy documents, reports, and opinions of the experts in the industry to suggest a way forward for the industry. The author concludes by offering a way forward for India and developing a three-fold recommendation for regulating online games of skill in India in coherence with responsible gaming principles.