INDIA ROUNDUP
heard by the OGI’s own grievance officer in the first instance. Appeals from both the OGI and the SRB are heard by a Grievance Appellate Committee (“GAC”) established by the Central Government. a. Grievance redressal with gaming operators • OGIs are required to appoint grievance officers 21 (“GO”) who are resident in India, and whose name and contact details must be prominently displayed on their platforms. • The GO must acknowledge complaints within 24 hours and resolve them within 15 days. • If the grievances are not resolved, individuals can appeal to the GAC within 30 days from the receipt of communication from the GO. • The GAC must aim to resolve appeals within 30 days from the receipt of such appeal. b. Grievance redressal with SRBs • The SRBs are also obligated to designate GOs and make their contact information publicly available. • If an OGI is dissatisfied with the SRBs’ decision regarding game verification, they can lodge a complaint with the GO. • Appeals concerning the decisions made by the GO are directly addressed by the Grievance Appellate Committee (“GAC”) established under the IT Rules. OGIs and SRBs are required to comply with the orders of the GAC and upload a report to that effect on their websites. 5. Other Obligations of OGIs The key obligations of OGIs under the 2023 Amendments are centred on protecting consumers, bringing about accountability, and increasing transparency. The obligations include inter alia:
• Display a demonstrable and visible mark of verification of such online games by an online gaming SRB 22 ; • Mandatorily publish certain information in its terms and conditions 23 ; • Publish a physical contact address in India on its website, mobile application or both for receiving any communication addressed to it 24 ; • Publish periodic compliance reports containing the details of complaints received and actions taken 25 ; • Identify and verify the user’s identity before accepting any deposit in cash or kind for a PORMG and the procedure to carry out such identification and verification shall be the Master Direction – Know Your Customer (KYC) Direction, 2016 26 ; • Provide information under its control or possession to authorized Government agencies within 24 hours for the purpose of verification of identity or prevention, detection, investigation, or offences under law, or cyber security incidents 27 ; It is also important to note that OGIs are prohibited from financing the playing of online games through credit or enabling financing to be offered by a third party 28 . 6. Blocking orders by MeitY Under the IT Rules, the MeitY may issue a blocking order in respect of a PORMG in exercise of its powers under Section 69A of the IT Act if it believes it is necessary in the interests of the sovereignty and integrity of India, defence of India, security of the state, friendly relations with foreign states, public order, or prevention of incitement of offences relating to these grounds. MeitY has also previously blocked gaming applications under Section 69A of the IT Act 29 due to security concerns in relation to Indian user data.
21 Appoint resident grievance officers, nodal contact persons and chief compliance officers who are required to be residents in India 22 Rule 4(10) of the 2023 Amendments 23 Rule 3(1)(b) of the 2023 Amendments 24 Rule 4(5) of the 2023 Amendments 25 Rule 4(1)(d) of the 2023 Amendments 26 Rule 4(12) of the 2023 Amendments 27 Rule 3(1)(j) of the 2023 Amendments 28 Rule 4(13) of the 2023 Amendments 29 See: https://g2g.news/online-gaming-laws/betway-dafabet-lotus365-and-many-more-betting-websites-banned-by-government-know-more/; https://g2g.news/online-gaming-laws/exclusive-government-to-block-220-more-domains-of-offshore-gambling-websites/; https://g2g.news/
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IMGL MAGAZINE | JULY 2023
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