Advisory on Advertisements on Online Gaming, Fantasy Sports, etc.

Last updated: 12 December 2020

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The Ministry of Information & Broadcasting has issued an advisory regarding advertisements for online gaming and fantasy sports. Following concerns that these ads might be misleading and fail to disclose financial risks, a consultative meeting was held with industry stakeholders. The Advertising Standards Council of India (ASCI) has now issued new guidelines, effective from 15th December 2020, which broadcasters must adhere to. These guidelines aim to ensure advertisements are transparent and protect consumers from potential risks.

No. 4407/13/2019-BC-I
Government of India
Ministry of Information & Broadcasting
A Wing, Shastri Bhavan
New Delhi — 110 001

Dated the 4^th December, 2020

All Private Satellite TV Channels

Subject: Advisory on Advertisements on Online Gaming, Fantasy Sports, etc.

It had come to the notice of the Ministry of Information & Broadcasting that a large number of advertisements on Online Gaming, Fantasy Sports, etc have been appearing on television. Concerns were expressed that such advertisements appear to be misleading, do not correctly convey to the consumers the financial and other risks associated thereof, are not in strict conformity with the Advertising Code laid down under Cable Television Networks (Regulation) Act, 1995 and the Consumer Protection Act, 2019. Accordingly, the Ministry of Information & Broadcasting, alongwith the Ministry of Consumer Affairs and Ministry of Electronics & Information Technology convened a stakeholders consultative meeting on 18.11.2020 with Advertising Standards Council of India (ASCI), News Broadcasters Association (NBA), Indian Broadcasting Foundation (IBF), All India Gaming Federation (AIGF), Federation of Indian Fantasy Sports (FIFS) and the Online Rummy Federation (ORF).

2. After discussion and consultation it was agreed that ASCI would issue an appropriate guideline for the benefit of the advertisers and broadcasters to ensure that the advertisements are transparent and protect consumers. Through a Press Release of 24.11.2020 ASCI has issued the Guidelines, a copy of which is enclosed. ASCI has proposed that these Guidelines would be effective from 15^th December, 2020.

3. In the light of the above, all broadcasters are advised that the Guidelines issued by ASCI are complied with and advertisements broadcast on television adhere to the aforementioned Guidelines of ASCI. It may also be ensured that advertisements do not promote any activity which is prohibited by statute or law.

This issues with the approval of the Competent Authority.

Encl: As above.

(G.C. Aron)
Director (BC)
Tel. 23386394

Copy to:

1. Manisha Kapoor, Secretary General, Advertising Standards Council of India (ASCI, 717/B, Aurus Chamber, SS Amrutwar Marg, Worli, Mumbai —400018. (contact@ascionline.org, manisha@acionline.org)

2. Annie Joseph, Secretary General, News Broadcasters Association (NBA), Mantee House, C-56/5, 3^rd Floor Sector-62, Noida, Uttar Pradesh-201301. (nbaRnbanewdelhil.com)

3. Shri Radhakrishanan, Secretary, Indian Broadcasting Foundation (IBF), B-304, Ansal Plaza, 3^rd Floor, Khelgaon Marg, New Delhi-110049. (ibf@ibfindia.com)

4. All India Gaming Federation (AIGF), 928, 9^th Floor, Unit No. 9, Corporate Park-II, Near Swastik Chambers, V.N Purav Marg, Mumbai — 400071 (relations@aigf.in)

5. Federation of Indian Fantasy Sports (FIFS), 1901, A-Wing, Naman Midtown, Senapati Bapat Marg, Elphinstone-West Mumbai, Mumbai -400013. (anwar@fifs.in)

6. The Online Rummy Federation (ORF), 011/A, Keral Town, B-J, Patel Road, Malad West, Mumbai-400064 (contact@torg.in)

GUIDELINES ON ONLINE GAMING ISSUED BY
ADVERTISING STANDARDS COUNCIL OF INDIA (ASCI) ON 24.11.2020
(EFFECTIVE FROM 15^TII DECEMBER, 2020)

1. No gaming advertisement may depict any person under the age of 18 years, or who appears to be under the age of 18, engaged in playing a game of ONLINE GAMING FOR REAL MONEY WINNINGS, or suggest that such persons can play these games.

2. Every such gaming advertisement must carry the following disclaimer:

a. Print/static: This game involves an element of financial risk and may be addictive. Please play responsibly and at your own risk

i. Such a disclaimer should occupy no less than 20% of the space in the advertisement

ii. It should also SPECIFICALLY meet disclaimer guidelines 4(i)(ii)(iv) and (viii) laid out in the ASCI code

b. Audio/video: “This game involves an element of financial risk and may be addictive. Please play responsibly and at your own risk.”

i. Such a disclaimer must be placed in normal speaking pace at the end of the advertisement

ii. It must be in the same language as the advertisement

iii. For audio-visual mediums, the disclaimer needs to be in both audio and visual formats

3. The advertisements should not present ‘Online gaming for real money winnings’ as an income opportunity or an alternative employment option.

4. The advertisement should not suggest that a person engaged in gaining activity is in any way more successful as compared to others.

FAQ :

The advisory concerns advertisements for online gaming, fantasy sports, and similar platforms.

The Ministry of Information & Broadcasting noted concerns that advertisements for online gaming and fantasy sports were potentially misleading and did not adequately convey the financial and other risks involved.

The Advertising Standards Council of India (ASCI) has issued new guidelines for advertisements on online gaming and fantasy sports.

The new ASCI guidelines are effective from 15th December 2020.

Gaming advertisements must not depict persons under 18 playing games for real money winnings. They must include a disclaimer stating the game involves financial risk and may be addictive, and should be played responsibly. Advertisements should not present gaming as an income opportunity or suggest users are more successful than others.

Broadcasters are advised to comply with the ASCI guidelines and ensure that advertisements do not promote any activity prohibited by statute or law.