by Aggarwals Associates | Sep 5, 2023 | Civil Law, Corporate Law, General
In this article, we will be catering the critical legal aspects related to online gaming in India. We will be talking the recent legal developments that are shaping the landscape aswell.
WHAT IS ONLINE GAMING?
- Online gaming is the playing of games via online mode with friends, family, or any known member.
- The players have to pay a monthly or annual subscription fee to play the online games on the internet platform. The gaming experience involves users playing in groups offering a multi-user experience.
- The multi-users can chat or talk to each other and play to win gaming battles.
- Currently, there are various Online portals available to provide a smart user interface for such players. They are providing them with a hassle-free gaming experience.
WHAT IS ONLINE GAMING IN INDIA?
- As per the Indian Government, Online games mean “game that is offered on the Internet and is accessible by a user through a computer resource or an intermediary”.
- The gaming experience dealing with wagering and betting falls out of the ambit of online gaming.
- As per the Minister of State for Electronics in India, online gaming is permissible games involving real money. Also, they do not harm the users and make them addicted to the online gaming experience.
- They do not involve wagering or are not involved in betting.
WHAT ARE THE CLASSIFICATIONS OF ONLINE GAMES?
Online games in India typically fall under two primary legal categories:
- Games of skill- Games of skill is involving a substantial element of skill and strategy, are exempted from anti-gambling laws.
- Games of chance- Games of opportunity is primarily relying on luck, are often subjected to gambling regulations.
- The distinction between these categories plays a pivotal role in determining the applicability of gambling laws.
- In recent years, online poker and fantasy sports platforms have gained significant attention and faced legal challenges.
- The legal status of these platforms hinges on the determination of whether they constitute games of skill or games of chance. The courts have generally leaned towards classifying poker as a game of skill due to its strategic nature, while fantasy sports platforms argue that participant knowledge and decision-making make their offerings games of skill as well.
- The legal battle surrounding these classifications reached a milestone in the XYZ v. ABC case, wherein the High Court upheld the type of poker as a game of skill. This ruling established a precedent for other courts to follow, providing a level of legitimacy to the online poker industry.
WHAT IS THE LEGAL ASPECT RELATED TO ONLINE GAMING IN INDIA?
- Online gaming is rapidly growing in India and has led to an efflux in legal considerations surrounding this dynamic industry.
- As players immerse themselves in virtual worlds, legal frameworks are being scrutinized to ensure a balance between entertainment, consumer protection, and regulatory compliance.
- The Indian Ministry of Electronics and IT (MeitY) is trying to regularise this part of the virtual world from the players being tricked or harmed by the addiction or from being scammed.
- The MeitY has introduced certain rules and regulations to scrutinize the virtual online gaming world.
- Such scrutiny will be with the help of the Self Regulatory Organisations (SRO’s).
- The SRO’s will be approving the games to operate in India in accordance with the rules introduced by the Indian Ministry of Electronics and IT (MeitY).
- The Self Regulatory Organisations will be providing betting-free, harm-free games, and wager-free online games for online gaming users. Such rules have been brought into the picture by amending the IT rules of 2021.
CAN INCOME RECEIVED FROM ONLINE GAMING BE TAXED?
- The taxation of online gaming in India is a complex matter.
- Income generated by players through gaming activities may be subject to income tax, while gaming platforms are also subject to various tax implications.
- Furthermore, foreign investment in the Indian gaming industry is subject to the Foreign Direct Investment (FDI) policy of the country. Recent amendments to the FDI policy have allowed for increased foreign investment in the sector, fueling its growth.
CAN ONLINE GAMING BE ADVERTISED?
- The advertising and endorsement of online gaming platforms have also garnered legal attention.
- The Advertising Standards Council of India (ASCI) has issued guidelines that require gaming advertisements to be transparent and not mislead consumers.
- Celebrity endorsements of gaming platforms is facing scrutiny, leading to a closer examination of whether such endorsements violate any ethical or legal standards.
WHAT IS ONLINE GAMING ONLINE GAMBLING OR A SKILL GAME?
- The distinction between online gambling and skill games is a subject of contention in recent years.
- While games of skill has gained acceptance as legal activities, the line between skill and chance can sometimes be blurred. This has led to debates over whether certain card games or betting activities should be treated as skill-based games or gambling.
- The XYZ Bill is currently under consideration in Parliament. It is seeking to establish a regulatory framework to address these ambiguities and provide clarity on the legal status of various online gaming activities.
CONCLUSION:
- The legal landscape of online gaming in India is rapidly driven by technological advancements, changing consumer behaviors, and legal challenges.
- As the industry is struggling with questions of skill versus chance, consumer protection, taxation, and advertising.
- It is imperative for both players and stakeholders to stay informed about the latest legal developments.
- Recent rulings, such as the XYZ v. ABC case, has provided an essential guidance, but the journey toward a comprehensive regulatory framework is ongoing.
- In this dynamic environment, players, gaming platforms, and regulators must collaborate to strike a balance.
- It should be fostering innovation, ensuring consumer safety, and upholding legal standards.
- As online gaming is becoming an increasingly integral part of Indian leisure and entertainment, a clear and comprehensive legal framework will play a pivotal role in shaping the future of this vibrant industry.
By: Advocate Riti Gupta, Associate Lawyer at Aggarwals & Associates, Mohali
by Aggarwals Associates | May 24, 2023 | Civil Law, Corporate Law, General
Introduction
With developments in education, employment, and the industrial sector, an increasing number of women are entering the country’s workforce today. The 21st-century world has evolved the roles of women and made great progress towards achieving gender equality in comparison to the older and conservative times. They have emerged as significant leaders and successful and diligent workers. But unfortunately, women are unsafe and are subjugated to sexual harassment at the workplace which has a major impact on their mental as well as physical health and which also hinders their performance. According to the latest statistic, a large percentage of 54%-81% of women experience sexual harassment at their workplace and 58%-72% of victims do not even report the wrongdoings of workplace sexual harassment due to fear of retribution or feeling like it would not be taken seriously by supervisors. In addition, a lack of understanding of one’s rights and the redressal process may also be a factor in the decision not to report. Women have a legal right to a safe workplace, which is acknowledged in the Indian Constitution and to be protected from being subjected to any form of discrimination, to enjoy life and personal freedom to the fullest.
What is Sexual harassment?
The sexual harassment of women in the workplace violates their dignity, self-respect as well as fundamental constitutional rights. Sexual harassment is defined as an unwanted sexually determined activity, which can involve physical contact, demands for sexual favours, the display of pornography, and other verbal or nonverbal behaviours. To combat these practices and protect women, the Parliament passed the Prevention of Sexual Harassment of Women at Workplace Act, 2013 (the “PoSH Act”) in 2013. This act deals with the Prevention, Prohibition, and Redressal of sexual harassment in any institution.
Prevention of Sexual Harassment Act 2013 (PoSH Act,2013)
In 1992, a social worker named Bhanwari Devi who was appointed with the Women’s Development project of the Rajasthan government was brutally gang raped by five men while she was trying to anticipate child marriage in that area. Whilst the absence of law relating to sexual harassment of women in the workplace Supreme Court laid down some guidelines in 1997, numerous women’s rights activists and attorneys had filed a Public Interest Litigation (PIL) before the Supreme Court of India under the name of Vishakha. The Vishakha Guidelines were developed in response to a petition brought by Vishakha and four other Rajasthan-based women’s organizations against the state of Rajasthan and the Union of India. It was seen as a big stepping stone in legal success for women’s organizations in India. Consequently, sexual harassment was recognized in India in 1997, and the action was the product of a collaborative effort by non-governmental organizations, feminists, and attorneys. All the organizations were bound to meet three obligations: – Prevention, Prohibition and Redressal.
Prevention of Sexual Harassment Act 2013 (PoSH Act, 2013) provides guidelines and procedures for a safe and secure working environment with proper implementations of PoSH policy. Under this PoSH Act, every organization is required to set up an Internal complaint committee (ICC) to investigate and keep a check on activities relating to sexual harassment of women at the workplace. It also requires employers to create awareness and training programs on sexual harassment for all employees so that they get educated and can communicate for redressal of complaints regarding any sexual harassment they face while working. The ICC also lays down the procedure for the investigation and resolution of complaints and protects women who file complaints from further retaliation and harassment.
Procedure for Complaints and Punishments
Constituting a PoSH policy at work provides a definite mechanism to address complaints of the aggrieved. It states the consequences and punishments given to the wrongdoers and safeguards women’s interests.
The complaint files should be handwritten, mailed, or typed only, along with the names of the complainant and the respondent. The important thing to be kept in mind is that the complaint should be filed within a period of 3 months from the date of the last incident of sexual harassment and in some cases, this time can be extended with justification given to the committee.
Once the investigation and inquiry have been completed and the allegations are proven to be true then the ICC advances actions or punishments that can be termination, stopping from increments or promotions, warning, suspension, providing compensation for the psychological or physical loss, loss of career opportunities, employee’s pain and sufferings, etc.
Conclusion
Every organization should abide by the regulations and directions laid by the judgment of the Supreme Court under the PoSH Act, to safeguard women who are working to earn their living and ensure them a safe working environment.
“If the authorities/managements/employers cannot assure them a safe and secure workplace, they will fear stepping out of their homes to make a dignified living and exploit their talent and skills to the hilt,” Justice Kohli wrote in the judgment.
Applicability of this Act will only be valid when employers protect the interest of their female workers by addressing their complaints timely and providing them redressal. The ICC should take measures to ensure a sexual harassment-free work environment for every employee.
-Kashish Rastogi
Associate Intern at Aggarwals & Associates, Mohali
by Aggarwals Associates | May 1, 2023 | Civil Law, Contract Law
Tort Law and Contract Law are two distinct branches of civil law that deal with different types of legal issues. Contract Law is concerned with the rights and obligations arising from agreements between parties whereas Tort Law deals with civil wrongs that cause harm to individuals voluntarily or involuntarily. Some of the key differences between Tort Law and Contract Law:
- Nature of the Relationship: Contract Law involves a consensual relationship between parties, where one party promises to perform a certain obligation in exchange for something from the other party. On the other hand, Tort Law deals with an unconsented relationship where a party’s actions or omissions result in harm to another person.
- Basis of Liability: In Contract Law, the parties are liable for the breach of the terms of the agreement. On the other hand, in Tort Law, the liability is based on the breach of a legal duty towards others.
- Damages: In Contract Law, the damages are generally limited to the losses suffered as a direct result of the breach of the agreement. In Tort Law, the damages can include compensation for various types of losses, such as physical and emotional harm, damage to property, loss of income, and more.
- Standard of Care: In Contract Law, the standard of care is usually defined by the terms of the agreement. In Tort Law, the standard of care is usually based on what a reasonable person would do in similar circumstances.
- Remedies: In Contract Law, the remedies are usually limited to specific performance of the agreement, damages, or termination of the agreement. In Tort Law, the remedies can include compensation for the harm caused, injunctions to prevent further harm, and more.
In conclusion, while Tort Law and Contract Law are both branches of civil law, they differ in terms of the nature of the relationship, basis of liability, damages, standard of care, and remedies available. It is important to understand these differences when dealing with legal issues related to contracts or civil wrongs to ensure that the appropriate legal remedies are sought.
…Surbhi Singla
Advocate at Aggarwals & Associates, Mohali
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