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NDTV
2 days ago
- Business
- NDTV
Court Upholds Tamil Nadu's Night Ban On Online Gaming, Cites Loss Of Lives
The Madras High Court on Tuesday upheld the Tamil Nadu government's restrictions on the ban from midnight to 5 AM on playing online real money games. The court, while hearing petitions by online gaming companies to declare as unconstitutional the Tamil Nadu Online Gaming Authority (Real Money Games), Regulations 2025 enacted by the Tamil Nadu Online Gaming Authority, upheld the MK Stalin-led government's restrictions, citing that nearly 50 people have died by suicide due to online gaming losses. The requirement for platforms to implement Aadhaar-based authentication to ensure only adults (18+) can access real-money games was also sustained by a bench of Justices SM Subramanian and K Rajasekar. They dismissed the pleas filed by various online gaming operators who argued that the state government overstepped its constitutional bounds and that regulation should fall solely under the central government's purview. "The state government has placed sufficient material on record to demonstrate the existence of a public health crisis arising from online gaming addiction, leading to financial ruin, mental distress, and tragically, loss of life," the court observed in its judgment. "In light of the specific and grave situation within Tamil Nadu, exemplified by the reported deaths of at least 47 individuals, the state is well within its powers under the Constitution to enact measures to protect its citizens on grounds of public health and public order," the bench added. The government presented data showing instances of suicides and extreme distress directly linked to massive debts accumulated through losses in online real-money games. The dismissal is a significant setback for the online gaming companies operating in Tamil Nadu. The mandatory "blank hours" directly impact user engagement and potential revenue during late-night periods. The Aadhaar-based authentication, while aimed at protecting minors, adds a layer of compliance and potentially affects user acquisition and ease of access. Representatives of the online gaming industry expressed disappointment with the ruling, reiterating concerns about state overreach and the impact on legitimate businesses.
Hindustan Times
2 days ago
- Business
- Hindustan Times
Right to privacy not absolute: HC backsnight ban on gaming
The Madras high court on Tuesday upheld the constitutional validity of Tamil Nadu's online gaming regulations, which include Aadhaar-based verification, a midnight-to-5am gaming ban, and prohibition of minors from participating, dismissing petitions by gaming companies and ruling that the right to privacy is not absolute when weighed against public health concerns. A division bench of justices SM Subramaniam and K Rajasekar said the Tamil Nadu Online Gaming Authority (Real Money Games) Regulations, 2025, were reasonable restrictions aimed at curbing gaming addiction. The ruling reinforces state authority to regulate online gaming and could set a precedent for other states grappling with potential addiction and negative social consequences associated with real money games. The court held that the state was well within its legislative competence to enact the law in the interest of public health, public order, and regulation of trade and commerce. 'More often than not, the first right that is pleaded for in cases such as this is the right to privacy as upheld by the Supreme Court in Puttaswamy case (2017). But it must be essentially understood that the Puttaswamy case did not affirm the right to privacy as an absolute right,' the bench said. It added: 'The character of the right was transformed into a fundamental right thereby immediately bringing within its fold the reasonable restrictions that are available to all other fundamental rights. So the 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 the right to privacy.' Gaming platforms including Play Games 24x7, Head Digital Works, and Junglee Games India had opposed the mandatory Aadhar verification raising concerns about privacy and questioning if the State's verification methods were compliant with adequate standards of privacy and security. They also contended online skill games were already governed under central law and that Tamil Nadu's regulations amounted to indirect prohibition of legitimate activity. Senior counsels Mukul Rohatgi and Sajjan Poovayya, representing the petitioners, contended that the state law conflicted with the Information Technology Act and intruded into the Centre's domain. The Union government through the Additional Solicitor General ARL Sundaresan, had argued that the central Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 already governed online gaming. It said that the central framework provides for a self sufficient regulation for the online real money games including the standards of due diligence, grievance redressal mechanisms, and age-appropriate access, etc, all of which were intended to provide a harmonised national framework for online real money games of skill. The court rejected these submissions, invoking the doctrine of pith and substance to conclude that the legislation's core objective was 'public health,' placing it within the state's domain. 'In true essence, the Online Real Money Games is a trade activity, which if left unregulated has immediate implications on the health of the public. So, the fundamental purpose of this piece of legislation is to protect public health and regulate trade within the State, which squarely falls within the legislative competence of the State,' the judgment stated. Citing expert committee findings, the court noted at least 47 suicides between 2019 and 2024 linked to online real money gaming addiction. The court observed that night hours saw higher addiction levels, with research showing increased dopamine levels and diminished self-control during that time, justifying the midnight-to-dawn ban. On Aadhaar-based verification, the bench noted such verification was a robust two-step authentication process aimed at confirming age and identity to prevent misuse. 'The scope for manipulation is comparatively lesser,' the court held. The bench said that while real money games like rummy and poker may involve skill, their digital format poses distinct risks, including anonymity, lack of physical cues, and higher potential for addiction. 'The players may not even know against whom the game is played. So it is imperative that the government take adequate steps to streamline and regulate these unexplored waters to ensure fair play and secure the physical and financial safety of the players,' the court noted. On concerns that the law was paternalistic, the court held that protecting public health and well-being is a constitutional responsibility. 'Laws and policies must be shaped with that goal at the core,' it said. The court concluded that the 2025 Regulations were a necessary response to a growing public health crisis and aligned with Article 39 of the Directive Principles of State Policy, which mandates the State to frame laws that protect people's welfare.
Mint
3 days ago
- General
- Mint
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.
The Hindu
3 days ago
- Politics
- The Hindu
Madras High Court upholds night ban on online real money games in Tamil Nadu
The Madras High Court, on Tuesday (June 3, 2025) upheld the validity of a ban imposed by Tamil Nadu Online Gaming Authority (TNOGA) on playing Real Money Games (RMG) between 12 midnight and 5 a.m. It also refused to interfere with requirements such as mandatory Aadhaar verification for playing the RMG. A Division Bench of Justices S.M. Subramaniam and K. Rajasekar dismissed a batch of writ petitions filed by online gaming companies and others to declare as unconstitutional Section 5(2) read with 14(1)(c) of the Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Act of 2022. The petitioners had challenged the two legal provisions since they empower the TNOGA to impose restrictions such as time, monetary and age limits for playing RMG. The litigants had also urged the court to declare as null and void certain provisions of the TNOGA (RMG) Regulations, 2025. Denying any kind of relief to them, the Division Bench held the State legislature was fully competent to enact a law governing online games by invoking Entry 6 (public health and sanitation) and Entry 26 (trade and commerce within the State) of List II (State list) in the seventh schedule to the Constitution. 'It is a well known fact that so far as online real money games such as rummy and poker, it has (sic) created public heath risks in the State of Tamilnadu. This is elaborated in the expert committee reports whereby these games have posed serious mental and physical health risks to the citizens in the State,' the judges wrote. They agreed with Advocate General (AG) P.S. Raman and TNOGA counsel B. Arvind Srevatsa that the question of repugnancy would not arise at all in the present case since the State had not invoked any of the entries in List III (concurrent list of subjects on which both the Parliament as well as the State legislatures could enact laws). The court also recorded AG's submission that the night ban on RMG had been imposed based on research findings that self-control would be much lower and the dopamine levels, linked to reward-seeking behaviour, would be much higher during night hours thereby making real money gaming more addictive. On his part, Additional Public Prosecutor E. Raj Thilak, representing the Director General of Police/Head of Police Force, told the Division Bench that as many as 47 death by suicides, due to addiction to online games, had been reported in Tamil Nadu between 2019 and 2024 and it was reason enough for the State to regulate RMG. 'This court concurs with the reasons adduced by the State Government for regulating online RMGs. The adverse effects are much larger to the people than the need for securing the individual right to free trade. Regulation becomes a priority to ensure the safety and protection of the general public,' the judges observed. Disadvantages of playing games of skill online Disagreeing with the argument of online gaming companies that there was hardly any difference between playing games of skill, such as rummy and poker, in person or through online mode, the court said, there were definitely certain risks involved when playing the games of skill through online mode. Authoring the verdict, Justice Subramaniam said, when playing the games in physical mode, the players get to read each others' mind even by the slightest hand movement, body language and facial expressions. However, they get to lose this advantage while playing the games of skill through online mode. In online mode, 'the players may not even know against whom the game is played... So it is imperative that the government take adequate steps to streamline and regulate these unexplored waters to ensure fair play and secure the physical and financial safety of the players indulging in these online RMGs,' the Bench said. The court also held it did not find any reason to dilute the Aadhaar requirement since it provides for two-step authentication to confirm that the RMG players were 18 years and above. Further, the scope for manipulation/deceit was comparatively lesser in the Aadhaar verification process than others, it said. Our country is distinct from the rest of the world The Division Bench also rejected the contention of online gaming companies that the State could not adopt a paternlistic attitude and restrict their right to trade and commerce just because of some random suicides involving individuals who could not have control over their actions. 'Our country is built on a social and cultural fabric which is distinct from the rest of the world. A random comparison with the rights or laws prevalent in other countries cannot be blindly applied here... Protecting rights of the people is first and foremost as derived from our Constitution. Hence, laws and policies must primarily be focused towards this ideal,' the judges concluded. (Assistance for overcoming suicidal thoughts is available on the State's health helpline 104, Tele-MANAS 14416. and Sneha's suicide prevention helpline 044-24640050)
Hindustan Times
3 days ago
- Politics
- Hindustan Times
Right to privacy not absolute, state has to prevent social harm: Madras HC
The Madras high court on Tuesday said the fundamental right to privacy is not absolute and that the state has to prevent social harm, as it dismissed petitions challenging the Tamil Nadu Online Gaming Authority (Real Money Games) Regulations, 2025. Online gaming companies challenged the regulations, mandating a 'blank hour' midnight to 5am ban on gaming and an Aadhaar-based user verification system. A bench of justices SM Subramaniam and K Rajasekar said the regulations amounted to 'reasonable restrictions' that govern all fundamental rights. It 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,' the bench said as it read out the operative part of the judgment. The ruling reinforces the state's authority to regulate online gaming, particularly real money games, to prevent social harm and protect vulnerable users. It could set a precedent for other states grappling with the potential for addiction and negative social consequences associated with online gaming. The ruling potentially empowers states to implement similar regulatory measures to safeguard health and well-being, even if it means limitations on the operational freedom of online gaming companies and users. The court reserved its order on April 30, saying the state government can 'step in' if online real-money games were addictive and caused social harm, provided the regulations balanced the fundamental rights of users and gaming companies. Senior counsel Mukul Rohatgi and Sajjan Poovayya, representing gaming companies that offer online real-money games, opposed the regulations. They argued that the Union government already regulated such games. The lawyers said the Tamil Nadu government was trying to indirectly prohibit online gaming under the guise of protecting users from addiction. Online gaming platforms, including Play Games 24x7, Head Digital Works, and Junglee Games India, particularly 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'. The gaming platforms challenged the rule mandating compulsory pop-up caution alerts, including those cautioning that online games are 'addictive.' The state government defended the regulations, citing alarming levels of addiction to online gaming. It said that users often included minors and that addiction was ruining their health.
