The draft regulations are likely to be finalised over the next month and will then be brought out for public consultation, they said.
The seven-member inter-ministerial task force, which was set up in May, has members from the Niti Aayog, as well as secretaries of the Ministry of Home Affairs<\/a>, the Department of Revenue, Department for Promotion of Industry and Internal Trade, the Ministry of Information and Broadcasting<\/a> as well as the Meity secretary.
At a meeting earlier this month, the ministerial grouping had suggested that Meity amend the Information Technology Act of 2000 to include rules for the gaming sector, similar to how the Intermediary Guidelines and Digital Media Ethics Code were introduced in February 2021, a government official who attended the meeting told ET.
“The Rules for Gaming under the IT Act will also contain the clauses on self-regulation,” people aware of the matter said noting that the gaming sector has already been directed to come up with a self-regulatory organisation ( SRO) that can look into and adjudicate various aspects related to online gaming.
“Gaming is not really a homogenous group. Gaming companies are almost always ( led by) young innovators. But that does not mean that for the next five years the industry will work solely on trust, hope and chance. There needs to be concrete regulations,” said one official adding that “the government is happy to support an industry led SRO. But it should not be a toothless body.”
Meity has rejected the first two proposals for an SRO and has asked industry representatives to rework the clauses, according to a senior government official.
“It ( the proposed SRO) could be a five or seven-member body headed by a retired judge from the Supreme Court or one of the high courts. It is also proposed that there be representatives from the central government, members from the industry as well as technical experts from various fields such as law or human rights among others,” said officials. It could be <\/b>akin to the self-regulatory body being proposed by the Internet<\/a> and Mobile Association of India (IAMAI) for social media intermediaries.
In addition to administrative and advisory roles, the industry-led SRO should also be able to decide whether a game is a game of skill or of chance, and issue content take-down notices whenever needed, they noted.
At an earlier meeting on June 7 between representatives from gaming companies and senior officials from the IT ministry<\/a>, including Minister of State Rajeev Chandrasekhar<\/a>, the sector was asked to draw up comprehensive policies on various aspects including an objective definition of games of skill and chance according to one senior official.
“Gambling is a serious offence. But there is a very thin line between skill and chance and there are multiple arguments on both sides. The SRO should have powers to decide that if a game is trespassing into the game of chance and therefore gambling, there must be statutory powers to take them down,” a second official said.
At the meeting with Meity, representatives from nearly 40 online gaming platforms had expressed concerns about the varying regulations announced by state governments such as Karnataka, Tamil Nadu and Karnataka. Gaming firms such as Nazara Technologies<\/a>, Galactus Funware Technology Private, which owns Mobile Premier League and Sporta Technologies, which owns Dream11, alongwith members from the All India Gaming Federation sought the establishment of a central regulatory framework that is “stable and predictable,” to prevent “sudden shocks to the industry.”
Sources said that the IT ministry has also asked gaming companies to lay special emphasis on the safety and well-being of women gamers with the development of the industry.
Online games have, over the years, faced flak for not having enough protective guardrails and mechanisms to prevent children from accessing and playing particularly violent games.
In a recent case, a 16-year old boy from Lucknow had shot his mother dead after she had objected to his continuous playing of games such as PlayerUnknown's Battleground (PUBG).
“Safety and trust now are not something that just the government wants to enforce. It is now what users have understood, is the right thing. The amount of accountability that social media users seek is now also being sought by gamers from the gaming platforms and the companies. And that has to be provided,” the official said.
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