India issues warning against social media promotion of offshore betting platforms

This week the Ministry of Information and Broadcasting of India has issued an advisory to social media influencers, endorsers, and online advertisement intermediaries, urging them to refrain from promoting offshore online betting and gambling platforms. 

This advisory is in response to the Central Consumer Protection Authority's (CCPA) concerns over endorsements by celebrities and influencers. 

The Ministry emphasizes the financial and socio-economic implications of online betting and gambling on consumers, particularly the youth. It highlights Section 79 of the IT Act, 2000, which provides intermediaries with exemption from liability for third-party information, data, or communication links, unless they fail to remove or disable access to material used to commit unlawful acts.

 The Ministry advises online advertisement intermediaries not to target promotional content towards the Indian audience and urges social media intermediaries to conduct sensitization efforts among their users. 

Failure to comply may lead to proceedings under the Consumer Protection Act, 2019, including the removal or disabling of social media posts or accounts and penal action under the applicable statutes. This advisory reiterates the CCPA's concerns and aims to protect consumers from the implications of online betting and gambling.