Plea in Delhi High Court challenges Central government's power to frame IT Rules to tackle 'menace' of online gaming

A Public Interest Litigation (PIL) has been filed in the Delhi High Court challenging the constitutional validity of Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 (IT Amendment Rules) insofar as they relate to regulation of online gaming [Social Organisation for Creating Humanity v. Union of India]..The plea came up for hearing today before a Bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula.The Court called on Additional Solicitor General (ASG) Chetan Sharma to assist it in the matter and listed the case for further consideration on July 13. .The petition has been filed by a Noida-based Non-Governmental Organisation (NGO) named Social Organisation for Creating Humanity, through Advocate Sakshi Tikmany. Advocate Akshat Gupta argued the case.The petitioner has submitted that the Constitution of India gives the State government exclusive powers to legislate on the issues of betting and gambling. Therefore, the IT Amendment Rules are beyond the legislative competence of the Central government..In its plea, the NGO has also expressed concerns over the appointment of Self-Regulatory Bodies (SRBs). The Central government had said that SRBs will verify whether online real money games are permissible under the Rules. However, the PIL stated that these SRBs would be financed by gaming companies that have a vested self-interest in the regulation of the community.This is wholly arbitrary, irrational, and violative of Article 14 of the Constitution, the plea contended.“The Government cannot abdicate its role of overseeing and monitoring of the online gaming sector and outsource its responsibility to private bodies,” the plea argued..Central government notifies online gaming rules; self-regulatory bodies to verify whether games involve wagering.The petitioner added that the Rules in question not only run contrary to the Constitution, but are also ineffective in controlling online gaming activities "which are growing in an untrammeled manner at an explosive pace, especially after lockdowns and the COVID-19 pandemic."Therefore, the Centre's decision to notify these Rules is against public interest, a drain on the public exchequer and would also fail to tackle the menace of online gambling, the petition stated.