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MP High Court Junks PIL Seeking Ban On Online Gaming Apps Promotion By Shah Rukh Khan, MS Dhoni, Virat Kohli, Others

The petition was being dismissed as the operators of mobile-based online gaming apps had not been made party to the litigation, said the court.

Indore: The Madhya Pradesh High Court has dismissed a public interest litigation (PIL) seeking a ban on the promotion of online gaming apps by Bollywood actor Shah Rukh Khan and cricketers MS Dhoni, Virat Kohli, and Rohit Sharma. Online gaming is "not banned or prohibited" in the state and whether to play these mobile-based games or not was a matter of "self-restriction", it said. 

The order by a division bench of Justices Vivek Rusia and Amarnath Kesharwani, passed on September 5, became available on Tuesday.

“No writ can be issued against private persons like Khan, Dhoni, Kohli, and Sharma for restraining them from doing any advertisement because it is their profession to earn money,” the bench ruled.

Also, the petition was being dismissed as the operators of mobile-based online gaming apps had not been made party to the litigation, said the court.

Petitioner Vinod Kumar Dwivedi, a local lawyer, had prayed for restraining the four celebrities from promoting online games, saying that youths get addicted to these games and it affects their future.

The court, however, said it was a matter of "self-restriction" as "anything done in excess in an uncontrolled manner becomes injurious to life."

Earlier this month, Google Play store announced a major update to its developer policy, kicking off a pilot programme to allow real-money games (daily fantasy sports and online rummy apps) on the platform for a year, starting this month.

The development comes at a time when online fantasy gaming and real-money games (RMG) are under the limelight In India, owing to possible GST taxation as well as probable bans of online rummy in some states, including the likes of Tamil Nadu and Kerala. While some industry leaders are calling Google's move a "welcome change", some deem it "clearly discriminatory".

Starting September 28, Google Play store will begin a limited-time pilot allowing for the distribution of daily fantasy sports (DFS) and rummy apps to users in India by developers incorporated in India.

The pilot will run until September 28, 2023. Developers have been invited to submit an application form with details on the app and firm itself to get their DFS or rummy apps to be published on the Play store. 

(With inputs from PTI)

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