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Time of India
a day ago
- Business
- Time of India
HC upholds TN law regulating online real-money games
Chennai: A Tamil Nadu law regulating online real-money games like rummy and poker by introducing age, money, time and ad restrictions, besides two-stage Aadhaar-based verification, has been upheld by Madras high court . "In true essence, the online real money games is a trade activity, which, if left unregulated, has immediate implications on health of the public," a division bench of Justice S M Subramaniam and Justice K Rajasekar said on Tuesday. Bench made the observation while dismissing a batch of petitions moved by online gaming platforms challenging validity of restrictions. Refusing to concur with the platforms which contended that a state govt lacks power to bring in such restrictions, the court said, "Both the Union and state govts have power to enact laws in their own respective subject matter apart from the common pool as enabled in List III (concurrent list). This court cannot hold that state is barred from enacting laws regulating online real money games. It is covered under the subject matter of public health and sanitation which comes under List II (state list)," judges said. The argument that Information Technology Rules, 2021 already prescribe a regulatory framework for intermediaries, including online gaming platforms, and hence the state cannot frame a subordinate legislation is unacceptable, the court said. "This court views that the state is fully within its competence to enact laws pertaining to online real money games. This court on perusal of the provisions of the Act (state legislation) finds no contradictions or provisions that run contrary to the central rules in force," the bench said. Moreover, the provisions related to online gaming under IT Rules, 2021 is yet to take effect and remains unenforceable as of today. So there exists a vacuum in regulating online games, the court pointed out. The judges added that they are of the view that the state govt has rightfully taken adequate steps to fill in the vacuum by framing the legislation. Rejecting argument that mandatory Aadhaar verification violates privacy of a player, bench said, "Right to privacy carries with it its own limitations and cannot be claimed in absolute. When put on a scale, a compelling public interest outweighs right to privacy."
Time of India
2 days ago
- Business
- Time of India
Madras HC Confirms Tamil Nadu's Night Ban and Aadhar Requirements for Online Gaming
CHENNAI: The Madras High Court on Tuesday upheld the age, money, and advertisement restrictions, as well as the night ban imposed by the govt on playing online real money games like rummy and poker. Tired of too many ads? go ad free now 'In true essence, the online real money games is a trade activity, which if left unregulated has immediate implications on health of the public,' a division bench of Justice S M Subramaniam and Justice K Rajasekar said. The bench made the observation while dismissing a batch of petitions moved by online gaming platforms challenging the validity of the restrictions. Refusing to concur with the platforms which contended that a state govt lacks power to bring in such restrictions, the court said, 'Both the union and state govts have power to enact laws in their own respective subject matter apart from the common pool as enabled in List III (Concurrent list).' This court cannot hold that state is barred from enacting laws regulating online real money games. It is covered under the subject matter of public health and sanitation which comes under List II (State list), the judges said. The argument that Information Technology Rules, 2021 already prescribe a regulatory framework for intermediaries, including online gaming platforms, and hence the state cannot frame a subordinate legislation is unacceptable, the court said. 'This court views that the state is fully within its competence to enact laws pertaining to online real money games. This court on perusal of the provisions of the act (state legislation) finds no contradictions or provisions that run contrary to the central rules in force,' the bench said. Moreover, the provisions related to online gaming under IT Rules, 2021 is yet to take effect and remains unenforceable as of today. Tired of too many ads? go ad free now So there exists a vacuum in regulating online games, the court pointed out. The judges added that they are of the view that the state govt has rightfully taken adequate steps to fill in the vacuum by framing the legislation. Real money games do not seem to possess the level of discipline or professionalism followed while playing such games physically, they added. Rejecting the argument that mandatory Aadhar verification violates the privacy of a player, the bench said, 'Right to privacy carries with it its own limitations and cannot be claimed in absolute. When put on a scale, a compelling public interest outweighs right to privacy.'
Hans India
5 days ago
- Health
- Hans India
Mumbai Man Opens Up About Gaming Addiction and Recovery
Digital gaming and betting have become increasingly accessible, especially in a hyper-connected city like Mumbai. With the proliferation of smartphones and targeted social media ads, more young adults are being drawn into online platforms that blur the line between entertainment and addiction. What starts as a harmless pastime often escalates into compulsive behavior with serious emotional and financial repercussions. Personal Stories from the Edge What began as casual gaming during school holidays quickly spiraled into a full-blown addiction for 23-year-old Shoaib Shaikh. The Mumbai resident recently shared his personal journey to recovery, hoping it will resonate with others battling similar issues. His story reflects a growing concern around compulsive digital behavior, especially among youth navigating stress and isolation. Shoaib's struggles didn't end with video games. Like many others, he was lured by the promise of quick earnings through betting platforms, eventually spending real money at online casinos. Before he knew it, the initially harmless fun turned into financial and emotional turmoil. He notes how easily players fall into the trap of gambling as a means to earn money, rather than treating it as occasional entertainment—a shift that can have dangerous consequences. Another telling example is that of Shweta, a young professional whose casual engagement with online casino games escalated into a near-tragic ordeal. Initially enticed by the thrill and quick wins, she quickly found herself in debt, borrowing money and eventually attempting suicide. Her story shows the psychological grip these platforms can have and the lack of early intervention mechanisms for users slipping into addiction. Expert Insights and the Need for Regulation According to consultant psychiatrist Dr. Avinash De Sousa, such cases are part of a broader trend of process addictions, which include compulsive gaming and gambling. These behaviors often mask deeper issues like depression or impulsivity, requiring clinical treatment and family support. He stresses the importance of therapy and limiting access to money and the internet as part of the recovery process. Legal experts also highlight significant regulatory gaps. The Public Gambling Act, rooted in colonial law, does not adequately address the modern digital gambling ecosystem. While recent amendments to the Information Technology Rules provide some oversight at the national level, state laws continue to vary, leading to inconsistent enforcement. Cybercrime lawyers have flagged dubious practices by some gaming apps, such as forcing users to redeem winnings through offshore platforms or cryptocurrency, potentially exposing them to financial and legal risks. Designing for Dependency The structural design of these platforms also contributes to their addictive nature. As Sonali Patankar from Responsible Netism points out, elements like color schemes and user interface layouts are deliberately engineered to maximize user engagement and retention, often at the cost of mental well-being. Without strict design regulations, these platforms exploit cognitive vulnerabilities, particularly among younger users. Breaking the Silence The common thread in these narratives is the delayed acknowledgment of a problem and the absence of open dialogue. Both Shoaib and Shweta emphasized the importance of speaking out before the consequences become irreversible. Their experiences point to an urgent need for awareness, better regulation, and accessible mental health resources to help individuals recognize and confront their digital dependencies.
Time of India
6 days ago
- Politics
- Time of India
Delhi High Court Seeks Response on Plea Challenging Notification Empowering Police to Issue Social Media Takedown Notices
New Delhi: Delhi High Court sought the response of LG VK Saxena on a plea challenging a notification issued by him empowering police to issue takedown notices for social media content. A division bench of Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela issued a notice to LG and the union ministry of electronics and information technology, asking them to file replies within six weeks. The court listed the matter for further hearing on Sept 17. The bench was hearing a plea filed by the 'Software Freedom Law Center' challenging the legality and constitutional validity of the notification issued by LG that designated Delhi Police as the nodal agency under the Information Technology Rules, 2021, empowering it to issue takedown notices for online content. The notification empowers Delhi Police officers to issue takedown orders to social media companies and other intermediaries to remove illegal content under the Information Technology Act. Advocate Talha Abdul Rahman, appearing for the petitioner, submitted before the court that this designation has no basis in law. Neither Section 79 of the Information Technology Act nor the IT Rules, 2021 confer any authority to appoint such a nodal agency. The petition stated that allowing police officers to unilaterally issue takedown notices, without judicial or independent oversight, opens the door to unchecked censorship and arbitrary restriction of constitutionally protected speech. It added that such a move violates Articles 19 and 21 of the Constitution and contradicts the landmark judgments of the Supreme Court, which emphasise the need for legal safeguards and proportionality in actions impacting fundamental rights. "The statutory power to block or remove online content is exclusively vested in the central govt under Section 69A of the IT Act, read with the Information Technology Rules, 2009. The impugned notification, by granting these powers to the police, oversteps constitutional and statutory boundaries and is, therefore, ultra vires the parent legislation," the plea said.
Hindustan Times
6 days ago
- Politics
- Hindustan Times
HC seeks Centre reply on plea on Delhi Police's powers over online content
The Delhi high court has sought responses from the Union government and lieutenant governor (LG) Vinai Kumar Saxena on a petition challenging a Central notification that empowers Delhi Police officers to issue takedown orders to social media platforms for removing online content. A bench of chief justice DK Upadhyay and justice Tushar Rao Gedela on Wednesday issued notice to the LG and the Union ministry of electronics and information technology (MEIT) on a plea filed by the Software Freedom Law Centre (SFLC). The matter will be heard next on September 17. The petition pertains to a gazette notification issued on December 26, 2024, through which Saxena authorised at least 23 senior Delhi Police officers to issue takedown orders under Section 79(3)(b) of the Information Technology (IT) Act. This section makes intermediaries — such as Facebook, YouTube, Jio, and Cloudflare — liable for third-party content if they fail to remove unlawful material after being notified by the 'appropriate government' or its agency. According to the notification, officers authorised to issue such notices include DCPs of Delhi's districts, the intelligence fusion and strategic operations (IFSO) unit, economic offences wing, crime branch, special cell, special branch, IGI Airport, Railways and Metro units. These officers can act in cases reported within their jurisdiction and 'notify instances of information, data or communication links' connected to any computer resource used to commit an unlawful act. The notification also designated the joint commissioner of police, IFSO, as the state nodal officer, with the DCP IFSO appointed as assistant state nodal officer. SFLC, represented by advocate Talha Abdul Rehman, argued that empowering police officers to issue unilateral takedown orders without judicial oversight was 'arbitrary' and 'violative of due process'. 'The statutory power to block or remove online content is exclusively vested in the Central Government under Section 69A of the IT Act, read with the Information Technology Rules, 2009. The impugned notification, by granting these powers to the police, oversteps constitutional and statutory boundaries and is, therefore, ultra vires the parent legislation,' the plea said. It further argued that only the Centre has the authority to issue such directives under Section 69A and that the move violates Articles 19 and 21 of the Constitution. It also contradicts landmark Supreme Court judgments that underscore the importance of legal safeguards and proportionality in actions affecting fundamental rights.
