India’s MIB Warns Celebrities and Social Media Influencers Not to Promote and Advertise Offshore Online Gambling and Betting Operators

India’s Ministry of Information and Broadcasting (MIB) has recently issued a warning to all social media influencers and endorsers, instructing them to refrain from advertising and promoting offshore gambling and online wagering sites, as well as surrogate advertising.

Explicit caution to social media intermediaries:

A particular recommendation was issued to social media intermediaries, instructing dafabet casino them not to target promotional information to residents of India and to educate their clients about refraining from posting such content. Furthermore, the warning cautions that failure to adhere to the rules may lead to legal consequences as outlined in the Consumer Protection Act 2019, which includes the possibility of deactivating or deleting social media accounts or posts, as well as penalties in accordance with applicable legislation.

Section 79 of the Information Technology Act, issued in 2000, provides intermediaries with exemption from liability for hosting third-party communication, data, or information. However, this immunity does not apply if the intermediary fails to promptly disable or remove access to illegal material upon receiving notification or actual knowledge from a governmental agency or government. Nevertheless, this procedure must be carried out without jeopardizing the evidence linked to the illicit activity.

Restatement of the cautionary notice issued by the Central Consumer Protection Authority:

The Ministry reiterated the warning made by the Central Consumer Protection Authority (CCPA) in early March of this year, expressing concerns regarding the promotion of gambling platforms by influencers and celebrities.

According to the Public Gambling Act of 1867, gambling and wagering are strictly prohibited and are bet visa considered illegal in most locations of the country. Despite this, online applications and betting platforms persist in promoting gambling and betting by disguising it as gaming, as stated directly by the CCPA.

Moreover, Inc42 reports that the MIB has previously released numerous advises to restrict the promotion of gambling and betting services through external advertising.

In 2023, Apurva Chandra, the secretary of the Ministry of Information and Broadcasting (MIB), issued a formal communication to all union territories (UTs) and states, instructing them to restrict the display of external advertisements. Nevertheless, the author of the letter highlighted that gambling and wagering are illegal in most parts of India due to their potential to pose socio-economic and financial hazards to customers, particularly children and young individuals.

In addition, throughout the course of the previous year, the nation eliminated 188 offshore gambling platforms. In the later part of the same year, the Enforcement Directorate (ED) took action to limit illegal online gaming platforms by seizing INR 5.87 Cr from various businesses and individuals, in accordance with the Prevention of Money Laundering Act of 2002.