WinZO Drags Google to Court After YouTube Ban, Cites 'Skill-Based' Game Argument
The crux of WinZO’s case lies in the blurred definitions of “game of skill” and “game of chance” — a longstanding legal conundrum in India.
Online gaming platform WinZO has taken legal action against tech giant Google after its official YouTube channel, WinZOOfficial, was blocked for allegedly violating YouTube’s gambling content policy. The company has approached the Delhi High Court, arguing that its offerings are skill-based games — not gambling — and therefore should not fall foul of YouTube’s restrictions.
In a hearing on June 20, Justice Prathiba M. Singh directed Google’s counsel, Rohan Ahuja, to accept the court notice and seek further instructions from the company ahead of the next hearing. WinZO is seeking an interim injunction to restore access to its channel.
At present, the WinZOOfficial channel remains inactive on YouTube. However, WinZO’s app continues to be available for download on both Google’s Play Store and Apple’s App Store.
Google Cites Policy Violation on Regulated Goods
In an email dated June 16, Google informed WinZO that its YouTube content had repeatedly violated the platform’s Sale of Regulated Goods policy. According to Google, YouTube does not permit content that promotes or facilitates access to online gambling or betting unless such content adheres to local laws or is approved under Google’s certification. YouTube also prohibits material that offers guaranteed returns.
The tech platform recently tightened its policies concerning gambling content, explicitly banning even indirect methods — such as verbal or visual cues — of linking to betting sites or apps. These updates, effective from March 19, are now being enforced more rigorously.
Skill vs Chance: The Legal Grey Zone
The crux of WinZO’s case lies in the blurred definitions of “game of skill” and “game of chance” — a longstanding legal conundrum in India. Under the Public Gaming Act of 1867, only games of chance are deemed illegal. But with gaming laws falling under the State List of the Constitution, individual states can interpret and legislate as they see fit.
"Games of skill are not gambling and hence not prohibited," WinZO has argued in court. The company maintains that its offerings depend on a user’s proficiency, decision-making, and strategy, rather than luck or randomness.
Citing legal expert Yash Kapadia, games of skill are defined by player expertise, improvement through practice, and strategic play. Examples include Chess, Rummy, Fantasy Sports, and even Horse Racing. In contrast, games of chance such as Blackjack, Lottery, and Bingo rely more on luck than skill.
Even Tamil Nadu’s 2022 online gambling legislation acknowledges the evolving nature of this distinction, noting that traditional binaries between physical and online games need to be re-evaluated in the age of digital play.
A Broader Debate in Online Gaming
This isn’t just about one company’s YouTube channel — WinZO’s petition taps into a much larger debate. As tech platforms introduce stricter content moderation policies, Indian gaming firms are grappling with how to distinguish their offerings in the eyes of both the law and global digital gatekeepers.
WinZO’s legal challenge may serve as a test case, potentially shaping how India navigates the complex terrain of online gaming, content regulation, and digital rights.
The court is expected to hear further arguments in the coming weeks.
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