Madras High Court issues notice to Centre, TN, Virat Kohli, Saurav Ganguly in PIL against online games

The Madras High Court has issued notice to Indian Cricket team captain, Virat Kohli, President of Board of Control for Cricket in India (BCCI), Saurav Ganguly and the Central and State governments in a plea against online games in Tamil Nadu (Mohammed Razvi v. TRAI and ors)..Notice was issued by a Madurai bench of the High Court comprising of Justices N Kirubakaran and B Pugalendhi in public interest litigation (PIL) petition filed by advocate Mohammad Razvi. .Besides Kohli and Ganguly, the petition has Telecom Regulatory Authority of India (TRAI) and celebrity endorsers such as actors Prakash Raj, Tamannah Bhatia, Rana Daggubati and Sudeep as respondents..The same Bench is also dealing with a PIL moved by one, S Muthukumar against online rummy (S Muthukumar v. UOI and ors), in which case notice has been issued as well. .In his petition, filed through Advocates K Neelamegam, N Thuja and Devaraj Mahesh, Razvi has submitted that online games promote cyberbullying, violence and xenophobia. .Concerns are also raised about gaming addiction and social stigma. People may also get swindled out of their money in the name of gaming, he adds. The Lockdown brings the spotlight on online gaming addiction, the petition further notes. .Razvi goes on to cite instances of children who have died by suicide on account of playing online games similar to the Blue What challenge and after losing in PUBG. Online games expose children to a world of crime and negative thinking, he contends. .Other instances where people have died because they have lost money while playing Online Rummy and online gambling has also been highlighted..In this backdrop, Razvi has registered objection to celebrities who have been promoting and endorsing unethical, immoral online gambling through advertisements. His petition calls for the Court to direct action against the Online Rummy Federation of India as well as the named celebrities for their role in promoting such online games..While issuing notice in Muthukumar's case, the Bench also voiced concern that lives have been lost due to online games, and that there is no law governing the same as of yet in Tamil Nadu. .The Bench added that if hopes that, "appropriate, adequate and immediate measures including bringing a legislation to prohibit or regulate Online Gambling would be taken by the Government before the next hearing in order to ensure that no precious life hereinafter will be lost.".On a related note, Justice Pugalendhi had earlier raised concern over the lack of regulation when it comes in online games such as RummyPassion, Nazara, LeoVegas, Spartan Poker, Ace2Three, PokerDangal, Pocket52, My11Circle, Genesis Casino, etc. in an order passed in July this year..In his July 24 order, the Judge had commented that"A comprehensive regulatory framework by a regulatory body is necessary to regulate the online sports and to curb any illegal activities as well. In fact, such regulation of online sports would encourage investment in the sector, which could lead to technological advancements as well as generation of revenue and employment.".Why is there no law to regulate Online Games such as Online Rummy, Spartan Poker, Ace2Three? asks Madras High Court [Read Order].At the time, the Judge had confined to raising awareness regarding the issue, while leaving it to the Government to take a call on whether a law should be introduced to counter the concerns after considering the views of relevant stakeholders. .In the following month, a Chennai-based advocate moved the Madras High Court seeking criminal action against proprietors of online gambling websites. Notably, the PIL moved by Advocate AP Suryaprakasam had also called for action against celebrities promoting online gambling websites. In this regard, the petition had named cricketer Virat Kohli and actress Tamannah..PIL in Madras HC seeks arrest of Virat Kohli, Tamannah, other celebs promoting online gambling websites.Yet another plea moved by one, M Vinoth had called for a ban on online Rummy games in which foreign companies have a stake, and for the Indian Government to regularise online Rummy where no such stake is there..Petition before Madras HC against unregulated conduct of Online Rummy games.In June last year, the Bombay High Court had dismissed a PIL to initiate criminal proceedings against Dream 11 Fantasy Pvt Ltd., stating that the fantasy sports game is a game of skill and not chance and, therefore, it does not amount to gambling..Dream 11 not a game of chance, does not amount to gambling: Bombay HC.Echoing the Punjab and Haryana High Court’s 2017 judgment which had dismissed a similar plea, the Bombay High Court held,“It can be seen that success in Dream 11’s fantasy sports depends upon user’s exercise of skill based on superior knowledge, judgement and attention, and the result thereof is not dependent on the winning or losing of a particular team in the real world game on any particular day. It is undoubtedly a game of skill and not a game of chance.".Read the Order:.Read the PIL against Celebrity endorsements of online gambling before Madras High Court: