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Central government thinktank NITI Aayog released a draft position paper on Friday, titled ‘Guiding Principles for the Uniform National-level Regulation of Online Fantasy Sports Platforms in India’. The document recognises the stupendous growth of digital games and enormous potential for contributing to the nation’s economic development while proposing certain overarching guidelines for bringing clarity, certainty, and stability to the online fantasy sports sector.

Coming in the backdrop of the digital skill games sector facing several regulatory and judicial headwinds over the last few months, including bans in some states; PILs seeking punitive action against gaming companies and stricter advertising norms suggested by the Information & Broadcasting Ministry; the draft document, which is open for suggestions and feedback until 19th December, envisages the creation of a certain national level safe-harbour for fantasy sports games.

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According to reports, it is likely that a final paper is likely to be prepared by the Ministry of Electronics and Information Technology, which is the line ministry for online activities, post which the final paper might be placed before the cabinet for its approval.

Guiding principles

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The paper notes the contribution of online fantasy sports towards revenue generation, stating that online fantasy sports companies has the potential to contribute over Rs. 3,000 crores in GST and Rs. 7,000-10,000 crores in direct taxes over the next five years, while also generating thousands of jobs over the next few years.

READ: Good News For Fantasy Cricket In Tamil Nadu

The note also states that the sector possesses the ability to garner more than Rs. 10,000 crores in Foreign Direct Investment (FDI) to the country.

Despite the obvious value addition done by the sector, the report notes that there is a lack of proper recognition for the industry, with companies operating in this space having to take shelter under an undefined exception of ‘games of skill’ provided under most state gambling laws.

Given this ambiguity, the paper goes on to state that 'there is a public interest in the fantasy sports industry receiving Government recognition as an industry and having its own identity. This identity is distinct from other games of skill and legally differentiated from betting and gambling.'

ALSO READ: Legality Of Online Gaming Business Models

NITI Aayog’s note goes on to state that there should be national-level safe-harbour guidelines to define and regulate formats of the game, protect the interests of the consumers and ensure transparency and accountability.

To this end, it proposes that the government recognises a self-regulatory body, having an independent board of multi-disciplinary members and have membership of operators cumulatively accounting for at least 66% registered fantasy sports users in India.

Some of the guiding principles proposed by NITI Aayog for fantasy sports companies include (i) requirement to comply with all laws and regulations of India; (ii) obligation to offer only skill-predominant fantasy sports formats, which are either judicially recognised or approved by an independent evaluation committee of a government recognised self-regulatory industry body; (iii) have games that pertain to at least one entire real life event; (iv) offer real money games to only persons above 18 years of age and avoid offering any gambling or betting services, etc.

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The paper also advocates that all fantasy sports providers should comply with standards prescribed by the Advertising Standards Council of India (ASCI)/other relevant bodies and be fair and truthful, while portraying the game only as a means of amusement and not as a source of sustenance or livelihood.

Need for broader discussion

NITI Aayog’s efforts to give recognition to the sunrise gaming sector is certainly a step in the right direction and indicate the forward-looking vision of the current government, which seeks to create digital entrepreneurs, nurture the startup ecosystem and create an Aatmanirbhar Bharat.

The guidelines can also be seen as a good initiative to restore investor confidence of marquee funds who have invested in this sector, but were left with a great deal of uncertainty after a spate of state-level bans on all kinds of online games and ongoing litigations about the legality of game formats in various courts.

ALSO READ: Popularity Of Mobile Esports Games Good News For Gaming Industry

However, there are few concerns with the proposed guidelines, as well, which would hopefully be addressed by NITI Aayog during the wider stakeholder consultation.

First, questions might be raised as to why the guidelines only cover online fantasy games and not other recognised digital skill-based games, which also satisfy revenue generation, employment and other economic arguments advanced in the paper.

The efficacy and rationale of carving out fantasy sports as a sui generis category out of the broader category of digital games of skill is something that needs to be reflected upon and requires detailed consultation.

Secondly, since gambling and betting along with sports, entertainment and amusements are all state subjects, keeping in mind the spirit of cooperative federalism as enshrined in the constitution, it would be worthwhile to engage in wider stakeholder consultation by soliciting suggestions from all state government and union territories as well.

ALSO READ: Online Gaming Industry Can Boost Make In India Initiative

Given that gaming is currently governed by state legislations where all online skill games for stakes are made illegal by amendments to the State Gaming Acts are banned by a few states, granting immunity from criminal prosecution to fantasy sports providers in such states as envisaged by the Draft Guidelines might only be possible through an amendment to such existing state gaming law by the state legislatures.

Further, the ministries governing the sector at the central level, i.e. Ministry of Electronics and Information Technology, Ministry of Law & Justice, Ministry of Finance, Ministry of Consumer Affairs, etc. should also be taken on board to ensure that the guidelines are framed after the broadest possible deliberation and consultation.

It would also be ideal if the overarching guidelines proposed by NITI Aayog for all digital games are eventually converted into a central policy framework or legislation by the line ministry along with the formation of an independent regulator.
(Jay Sayta is a law graduate and public policy analyst. He has advised several gaming companies on legal, regulatory, policy and strategic issues. Views expressed are personal.)

How to get involved

Gambling Harm Awareness Week is a time to engage with the community about why gambling harm matters. The Foundation supports organisations by providing a range of resources to use with their community.

Did you know?

Gambling Cover Photo

Gambling Harm Awareness Week will be held in Victoria from 19 to 25 October 2020.

Harm from gambling isn’t just about losing money. Gambling can affect how you feel. It can also affect your self-esteem, relationships, physical and mental health. It doesn’t matter how often or much a person gambles, the negative effects of gambling can happen to anyone.

According to research, 630,000 Victorian adults are affected by gambling harm, either their own or from someone else’s gambling.

Gambling harm is often hidden, and the effects not spoken about because it can be a sensitive issue that makes people feel uneasy. That’s why, as part of Gambling Harm Awareness Week, we’re focusing on the theme TALK. SHARE. SUPPORT.

Getting the message out

Key messages

  • Gambling affects more people than you realise.
  • The effects of gambling are often hidden and not spoken about because it can be a sensitive issue that makes people feel uncomfortable.
  • The effects of gambling may seem small to begin with, but it can escalate easily.
  • Anyone can experience the negative effects of gambling, but it’s not something we talk about openly.
  • When we talk about gambling harm as a community, it makes it easier for those affected to reach out to someone.
  • Talking is the first step in reducing gambling harm in our community.
  • Sharing the effects that gambling may be having on you, or those around you, can provide relief and make it more manageable.
  • Seeking support, or to supporting someone can make a crucial difference.
  • Sharing personal experiences of gambling harm helps break down the stigma.
  • This 19–25 October 2020, let's TALK. SHARE. SUPPORT. and prevent gambling harm together.

Logos and banners

You may like to use the following assets to promote the week and your event on your website, social media platforms or emails.

Logos

Gaming cover photos

Banners

Email signature

We have created an image to put at the bottom of your work email signature. The instructions for inserting images as email signatures depend on the email provider – if you use Microsoft Outlook, instructions can be found here and instructions for Gmail are here.

Gaming Cover Photos

See example below.

Social media

We've created images you can download and post to your website or social media accounts – and feel free to use, or take inspiration, from the suggested posts below.


Cover photos

Posts

Tips to improve engagement

Connect with the Victorian Responsible Gambling Foundation on social media:

  • Twitter – @vicrgf
  • Facebook – @responsiblegambling
  • Instagram – @vicrgf

Create messages that include links to content on the Foundation’s social media channels, these Gambling Harm Awareness website pages or your organisation’s resources.

Use the images provided on your Facebook page, or in your Twitter feed (pictures get twice the engagement of a text-only post).

Hashtags

The following hashtag can be used to promote your event and generate discussion:

#TalkShareSupport
#Gamblingharm

Social media posts

  • If you are hosting a virtual event
    • 12–18 October: Next week is Gambling Harm Awareness Week. Harm from gambling can happen to anyone. Talking about it can help. Let's #TalkShareSupport. Find out more at: gamblershelp.com.au/letstalk
    • 19–25 October: This week is Gambling Harm Awareness Week. We’re encouraging everyone to #TalkShareSupport. When we share our stories, we can start to reduce gambling harm in our community. Learn more at: gamblershelp.com.au/letstalk
    • Day of event: Our virtual event today brought our community together to highlight #gamblingharm. It can be uncomfortable to talk about it, but that’s why we want to #TalkShareSupport and encourage anyone to chat and seek help.
    • Day of event: Today at our (insert event name), we shared with our attendees the importance of #gamblingharm. Let's all #TalkShareSupport
    • After event: Thanks to everyone who came to (insert event name). Everyone learnt a great deal about harm from gambling. Let’s continue to #TalkShareSupport to address #gamblingharm in our community.
  • General social media posts

    Being supportive

    • Almost 9 of 10 Victorians would encourage loved ones to be open and talk about their gambling problems. So if your gambling is bothering you, take some time to #TalkShareSupport.

    Benefits of talking/sharing

    • Talking about your problems will help release pent-up emotions and tension you’ve been holding in. Talk to a friend, loved one or a counsellor today. #TalkShareSupport
    • Talking to someone can give you a new perspective or approach to dealing with your problems. Share with someone how gambling is affecting you today. #TalkShareSupport

    Gambling and links to mental health

    • Gambling can cause feelings of stress or anxiety – and talking about how you feel can bring relief. #TalkShareSupport
    • Gambling can affect your mental health, causing you to lose sleep and have feelings of regret or anger. Find someone you trust to talk to, and get the support you need. #TalkShareSupport
  • Campaign social media post
    • I #TalkShareSupport because I want my family and friends to know it’s okay to seek help. Together, we can prevent #GamblingHarm.
    • “For me it was the best thing I ever did”. This week for Gambling Harm Awareness Week, we share Mario’s story and others like his to show how #TalkShareSupport makes all the difference. See more at gamblershelp.com.au/letstalk
    • “Having the support of others was essential and I wouldn’t have done it without them’. This week for Gambling Harm Awareness Week, we share Anna’s story and others like his to show how #TalkShareSupport makes all the difference. See more at gamblershelp.com.au/letstalk
  • Gambler's Help
    • After speaking to Gambler’s Help, 95% of people feel better emotionally or psychologically. So why not #TalkShareSupport and speak to someone today? Visit: gamblershelp.com.au/letstalk
    • After working with Gambler’s Help, 96% of people felt more in control of their finances. #TalkShareSupport and find the balance you need. Visit: gamblershelp.com.au/letstalk
    • While working with Gambler’s Help, 94% of people progressed or achieved their personal goals. #TalkShareSupport to start making positive changes in your life. Visit: gamblershelp.com.au/letstalk
    • 9 out of 10 people feel satisfied with the support they’ve received from Gambler’s Help programs. #TalkShareSupport and get help from someone who understands. Visit: gamblershelp.com.au/letstalk
    • 9 out of 10 people would recommend Gambler’s Help services to others. It worked for them and may work for you. Give it a go, and call 1800 858 858 to #TalkShareSupport. or visit: gamblershelp.com.au/letstalk

Promoting your virtual event on Facebook

Facebook is used daily by about half of Australians. You can either post on your own Facebook page or ask other organisations to post your content.

We recommend that you create a Facebook event page to promote your event. Here are some tips for creating an event page.

Gambling Facebook Cover Photo

Through your organisation’s Facebook page:

  1. Click on “events” on the left-hand side of your page. (If “events” is not in your list of tabs you can add it by going to your organisation’s page settings, clicking “edit settings”, then scrolling to the bottom of the page to click “Add a tab” and then add “events”).
  2. Click “create event” and then fill out the details.
  3. Make sure to use an engaging photo for your main event cover image and add other photos to the page to pique interest. The cover image should be friendly, eye-catching, warm and inviting. We have prepared one for you in social media assets.
  4. Your photo will appear differently across desktop and mobile formats, so it should be 1920 x 1080 pixels (16:9 ratio) or larger with little or no text.
  5. It’s vital to ensure that no more than 20 per cent of your cover image is taken up by text. Any more than this, and your event is unlikely to be seen on people’s newsfeeds.
  6. Get people engaged. Run a Facebook poll! Make an effort to get a conversation going on the event page. The more people who comment on your event page, the greater the likely success of your event. Audiences often judge the importance of a Facebook event by their activity, so it’s important to get people involved as much as possible.
  7. After the event you can update your content and images to share your success.

Quick facts about gambling harm in Victoria

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  • The social cost of gambling harm to the Victorian community is estimated to be $7 billion.
  • In 2018–19, 630,000 Victorian adults experience some form of harm from gambling activities.
  • Common effects of gambling harm include financial difficulties, relationship problems, work or study performance issues, and emotional and psychological distress.
  • Many people experience emotional effects from gambling, like stress, regret and guilt, no matter how much or how often they gamble. These effects can start off small and build up, causing stress in their lives.

Fact sheets

You can use the following fact sheets with your stakeholders and community:

Gambling harm in Victoria

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This fact sheet explains why gambling harm is a community issue, its effects, and how gambling harm is distributed across Victoria. This fact sheet is available in English, Arabic, Greek, Italian, Vietnamese, Traditional Chinese and Simplified Chinese.

Gambling harm in Victoria: how it stacks up

This infographic details how the Internet is used for gambling, how different gambling products contribute to gambling harm, and how it affects a person's overall health and well-being. This fact sheet is available in English, Arabic, Greek, Italian, Vietnamese, Traditional Chinese and Simplified Chinese.

Animation explainer video

This video shows some of the common ways gambling harm can affect a person.

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Contact details

We are here to provide assistance and support to partners. If you have any queries about this material, please contact us.

General enquiries

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Rachel Tan
Gambling Harm Awareness Week Project Manager and Communication Adviser
T: 03 9452 2619
E: harmweek@responsiblegambling.vic.gov.au

Media support

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Fiona Skivington
Media Manager
T: 03 9452 2650
M: 0428 248 931
E: fiona.skivington@responsiblegambling.vic.gov.au

Thank you for your support of Gambling Harm Awareness Week