Are Fantasy Sports Platforms Ready For NITI Aayog’s ‘Guiding Principles’?

SUMMARY

NITI Aayog, in its latest report, has advocated uniform countrywide regulations for online fantasy sports platforms

NITI Aayog’s proposal for a uniform countrywide regulation and safe harbour for fantasy sports is legally feasible, though states would have compulsions to stick to their bans on online real-money gaming

Online fantasy sports platforms are currently ill-equipped in implementing NITI Aayog’s guiding principles related to age restrictions and advertisements

The year so far has seen Andhra Pradesh and Tamil Nadu outlaw online real-money gaming, and by extension, the practice of “making teams” on Dream11 or the several other online fantasy sports platforms (OFSPs) in the country. “This concept may be introduced for games of skill by specifically permitting a given game under a state gambling statute/law. This provision may be like the current exemption to betting on horse racing under various state statutes. An example can also be given of the state laws of Sikkim and Nagaland where certain games are deemed games of skill,” she told Inc42. “Online Fantasy Sports Platforms (OFSPs) having independent oversight, will lead to the formulation of a framework to identify legal playable formats; creation and implementation of a uniform pan India policy on fantasy sports as against the presently ambiguous state-wise regulations; and, will also serve as a dispute resolution mechanism between various parties, thereby reducing the burden on courts,” Santosh told Inc42.

These states have taken notice of cases where, apparently, games that involve staking money online have caused a gambling addiction for participants, most of them young. Several Public Interest Litigations (PILs) looking to get a ban enforced on online real-money gaming, repeat a claim that in worst cases, participants who’ve lost a lot of money while playing these games commit suicide.