Govt Warns Social Media Influencers Against Endorsing Offshore Online Betting, Gambling

The government on Thursday issued a directive urging all endorsers and influencers active on social media platforms to abstain from endorsing or advertising offshore online betting and gambling platforms.

The Union ministry has asked online advertising intermediaries to avoid directing such promotional content towards Indian audiences.

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The Ministry of Information and Broadcasting on Thursday issued a directive urging all endorsers and influencers active on social media platforms to abstain from endorsing or advertising offshore online betting and gambling platforms, including surrogate advertisements. The Ministry emphasised the substantial financial and socio-economic implications associated with online betting and gambling, especially on the youth demographic of the country.

Additionally, the Union ministry has recommended online advertising intermediaries to avoid directing such promotional content towards Indian audiences. Furthermore, social media intermediaries have been urged to undertake sensitisation initiatives among their users to discourage the dissemination of such content.

The advisory by the governement highlights the provisions of Section 79 of the IT Act, 2000, which grants intermediaries exemption from liability for third-party information, data, or communication links hosted by them. However, it highlights Subsection (3)(b) of Section 79, which specifies that this exemption does not apply if the intermediary, upon receiving actual knowledge or notification from the appropriate government or its agency, fails to promptly remove or disable access to any material used for unlawful activities without tampering with the evidence in any way.

The advisory further cautions  that non-compliance could result in legal action under the Consumer Protection Act of 2019, potentially leading to the removal or disabling of social media posts or accounts, along with penal measures under relevant laws.

"The Ministry has reiterated the advisory by the Central Consumer Protection Authority (CCPA) dated 06.03.2024 which had expressed concerns regarding endorsements of betting/gambling platforms by celebrities and influencers to endorse and promote their betting activities, and had cautioned that any such direct or indirect advertisement or endorsement shall be subject to rigorous scrutiny," read a media release.