Gaming Law Review

This article focuses on the power struggle between the Center and the States in the realm of regulation of online games. States have time and again contended and argued before the courts that games involving real money are to be considered as only “games of chance” and, therefore, the power to regulate them falls within Entry 34 of the state list—“betting and gambling.” However, the Indian Courts have categorically stated that all online games involving real money cannot be considered games of chance, and hence the states cannot put a blanket ban on the same. Despite this position adopted by the Supreme Court, the states have continued to frame legislations that overlook the distinction between games of chance and games of skill and impose a blanket ban on the two by placing such regulatory power under entry 34 of the State List. Through this article, the authors argue how such a blanket ban placed by the state on online games involving real money is not only against the position taken by the Supreme Court but also against the constitutional mandate. Additionally, the authors try to counter other possible entries under the State List that can be used by the States for constitutional authorization for the regulation of online games. While limiting the regulatory power of the states, the authors also put forth an argument that regulation of online games is not in the exclusive domain of the states but is shared with an overarching regulatory power lying with the Center. Finally, the authors look at the policy aspect as to why the regulation of the gaming industry should primarily vest with the Center, with state laws being in line with the Central legislation.

The technology is advancing at such a high speed that it seriously jeopardizes the legal frameworks and administrative techniques that enforce and implement gambling laws as they have existed. This article then covers some internationally comparative research on gambling law as it applies to new forms of internet-based gambling venues. It explores the existing legal framework regarding the countries’ differences and diverging legislative methods. In terms of their treatment by law, the various aspects of internet gaming, virtual poker rooms, and imaginary sports differ from traditional casino gambling. The research delves into issues or problems such as age verification, geolocation restrictions, ethical gambling problems, and prevention of money laundering and robbery among others. This debate has also opened new questions on whether or not a pastime, such as fantasy sports, qualifies as games of skill or mere sports of chance, as well as the legal implications of such classifications. The report also analyses current statutes and major court rulings that have affected the legal framework with respect to online gambling. It reviews the challenges within both the legislative arena and the regulatory reference frameworks, maintaining the dynamic interaction between legislation and emerging technology in the formulation of successful enterprises in the online gambling sector. The final part of the article touches upon future directions in wagering laws, possibly the standardization of international law concerning gambling, and the future impacts of emerging technologies such as Augmented Reality (AR) and Virtual Reality (VR) on the law’s frameworks. It is aimed at providing practical insights into lawmakers, attorneys, players in the industry, and academics as they grapple with the complicated and rapidly evolving intersection of gambling regulations and online platforms.

The proliferation of online fantasy sports (OFS) platforms in India has sparked significant legal debates concerning the unauthorized use of real-world sportspersons’ identities, potentially infringing upon their personality rights. This article delves into the intersection of fantasy sports and personality rights under Indian law, particularly focusing on the Indian Copyright Act of 1957 stance on such matters. By examining pertinent national and international case laws, the aim is to elucidate the current legal landscape and propose recommendations for balancing the interests of athletes and OFS operators. Additionally, an analysis of international frameworks, particularly those of the United States and the European Union, provides insights for developing a robust legal structure in India on personality rights recognition. The article also explores the recognition of personality rights under the present copyright law regime in India. It proposes technological solutions, such as blockchain, for enforcing licensing agreements. It concludes by advocating the incorporation of international jurisprudential perspectives and technological solutions to create a balanced framework for protecting personality rights while enabling the growth of OFS in India.