Madras HC says right to privacy is not absolute; Tamil Nadu government is required to prevent social harm
In a significant ruling, the Madras High Court on Tuesday said the Right to Privacy is not absolute and the Tamil Nadu governmentis required to prevent social harm.
The court was hearing petitions challenging the Tamil Nadu Online Gaming Authority (Real Money Games) Regulations 2025, mandating a 'blank hour' midnight to 5 AM ban on gaming and an Aadhaar-based user verification system.
A Madras High Court bench of justices SM Subramaniam and K Rajasekar dismissed the petitions, saying that the online gaming regulations amounted to 'reasonable restrictions' that govern all fundamental rights.
The bench added that a user's fundamental right to privacy cannot be considered absolute and needs to be balanced with public interest.
'When put on a scale, public interest overweighs the right to privacy,' it said.
The court reserved its order on 30 April, saying the Tamil Nadu government can 'step in' if online real-money games are addictive and cause social harm, reported Hindustan Times.
Senior counsel Mukul Rohatgi and Sajjan Poovayya, representing gaming companies, opposed the regulations, saying that the Union government already regulated such games.
They also argued that the Tamil Nadu government was trying to indirectly prohibit online gaming under the guise of protecting users from addiction.
Digital gaming platforms such as Play Games 24x7, Head Digital Works, and Junglee Games India, opposed provisions prohibiting users under 18 from playing real-money games, 'know your customer' registration with Aadhaar for opening gaming accounts, and ban on playing during 'blank hours'.
Defending the online gaming regulations, the Tamil Nadu government said that users often included minors and that addiction was ruining their health.
The latest Madras High Court judgement will reinforce the Tamil Nadu government's authority to regulate online gaming and would also empower other states to implement similar regulatory measures to safeguard health and well-being of users.
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