[06th
April 2023] In exercise of the powers
conferred by sub-section (1) and clauses (z) and (zg) of sub-section (2) of
section 87 of the Information Technology Act, 2000 (21 of 2000), the Central
Government hereby makes the following rules to further amend the Information
Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021,
namely:- (1)
These rules may be called the Information
Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment
Rules, 2023. (2)
They shall come into force on the date of
their publication in the Official Gazette. (i)
in clause (k), after the words
"intermediary or the", the words "online gaming self-regulatory
body or the" shall be inserted; (ii)
after clause (q), the following clauses shall
be inserted, namely:- "(qa)
"online game" means a game that is offered on the Internet and is
accessible by a user through a computer resource or an intermediary. Explanation.-In this clause,
"Internet" means the combination of computer facilities and
electromagnetic transmission media, and related equipment and software,
comprising the interconnected worldwide network of computer networks that
transmits information based on a protocol for controlling such transmission; (qb)
"online gaming intermediary"
means any intermediary that enables the users of its computer resource to
access one or more online games; (qc)
"online gaming self-regulatory
body" means an entity designated as such under rule 4A; (qd)
"online real money game" means
an online game where a user makes a deposit in cash or kind with the
expectation of earning winnings on that deposit. Explanation.-In this clause,
"winnings" means any prize, in cash or kind, which is distributed or
intended to be distributed to a user of an online game based on the performance
of the user and in accordance with the rules of such online game; (qe)
"permissible online game" means
a permissible online real money game or any other online game that is not an
online real money game; (qf)
"permissible online real money
game" means an online real money game verified by an online gaming
self-regulatory body under rule 4A;". (i)
in sub-rule (1),- (I)
in the opening portion, for the words
"social media intermediary and significant social media
intermediary", the words "a social media intermediary, a significant
social media intermediary and an online gaming intermediary" shall be
substituted; (II)
in clause (b),- (A)
in the opening portion, for the words
"to cause the user of its computer resource not to host,", the words
"by itself, and to cause the users of its computer resource to not
host" shall be substituted; (B)
in sub-clause (ii), after the words "or
gambling,", the words "or an online game that causes user harm,"
shall be inserted; (C)
in sub-clause (v), after the word
"nature", the words "or, in respect of any business of the
Central Government, is identified as fake or false or misleading by such fact
check unit of the Central Government as the Ministry may, by notification
published in the Official Gazette, specify" shall be inserted; (D)
for sub-clause (ix), the following
sub-clauses and Explanation shall be substituted, namely:- "(ix)
is in the nature of an online game that
is not verified as a permissible online game; (x) is in the nature of advertisement or surrogate
advertisement or promotion of an online game that is not a permissible online
game, or of any online gaming intermediary offering such an online game; (xi)
violates any law for the time being in
force. Explanation.-In this clause,
"user harm" and "harm" mean any effect which is detrimental
to a user or child, as the case may be;"; (III)
in clause (f), the following proviso shall be
inserted, namely:- "Provided that an
online gaming intermediary who enables the users to access any permissible
online real money game shall inform its users of such change as soon as
possible, but not later than twenty-four hours after the change is
effected;"; (IV)
in clause (j), in the opening portion, after
the words "but not later than seventy two hours", the words "and
in case of an online gaming intermediary who enables the users to access any
permissible online real money game not later than twenty-four hours" shall
be inserted;"; (ii)
in sub-rule (2), in clause (a),- (I)
in the opening portion, after the words
"provisions of this rule or", the words, brackets and figures
"sub-rules (11) to (13) of rule 4, or in respect of" shall be
inserted; (II)
in sub-clause (i), in the first proviso, for
the brackets and letters "(ix)", the brackets and letters
"(xi)" shall be substituted; (III)
after sub-clause (ii), the following
Explanation shall be inserted, namely:- Explanation.-In this rule,
"prominently publish" shall mean publishing in a clearly visible
manner on the home page of the website or the home screen of the mobile based
application, or both, as the case may be, or on a web page or an app screen
directly accessible from the home page or home screen.". (i)
in sub-rule (3), for the words "Any
person aggrieved by a decision of the Grievance Officer", the words,
brackets, letters and numbers "Any person who is aggrieved by a decision
of the Grievance Officer or whose grievance is not resolved within the period specified
for resolution in sub-clause (i) of clause (a) of sub-rule (2) of rule 3 or
clause (b) of sub-rule (2) of rule 3 or sub-rule (11) of rule 4A, as the case
may be," shall be substituted; (ii)
in sub-rule (7), after the words
"intermediary concerned", the words "or the online gaming self
regulatory body concerned, as the case may be," shall be inserted. (i)
in the heading, after the word
"intermediary", the words "and online gaming intermediary"
shall be inserted; (ii)
in sub-rule (1),- (I)
in the opening portion, for the words,
brackets, letters and figures "intermediary shall, within three months
from the date of notification of the threshold under clause (v) of subrule (1)
of rule 2,", the words, brackets, letters and figures "intermediary,
within three months from the date of notification of the threshold under clause
(v) of sub-rule (1) of rule 2, and an online gaming intermediary that enables
the users to access any permissible online real money game, shall" shall
be substituted; (II)
in clause (a),- (A)
in the proviso, after the word
"intermediary", the words "or such online gaming
intermediary" shall be inserted; (B)
in the Explanation, after the word
"intermediary", the words "or an online gaming intermediary, as
the case may be," shall be inserted; (III)
in clause (b), for the Explanation, the
following Explanation shall be substituted, namely:- Explanation.-In this clause,
"nodal contact person" means the employee of- (i)
a significant social media intermediary,
other than its Chief Compliance Officer; or (ii)
an online gaming intermediary, who is
resident in India;"; (IV)
in clause (c), in the Explanation, for the
word "intermediary,", the words "intermediary or an online
gaming intermediary, as the case may be," shall be substituted; (V)
in clause (d), for the words "thereon,
and", the words "thereon, and, in respect of a significant social
media intermediary," shall be substituted; (iii)
in sub-rule (5), for the words "The
significant social media intermediary", the words "A significant
social media intermediary and an online gaming intermediary who enables the
users to access any permissible online real money game" shall be
substituted; (iv)
in sub-rule (6), for the words "The
significant social media intermediary", the words "A significant
social media intermediary and an online gaming intermediary who enables the
users to access any permissible online real money game" shall be
substituted; (v)
in sub-rule (7), for the words "The
significant social media intermediary", the words "A significant
social media intermediary and an online gaming intermediary who enables the
users to access any permissible online real money game" shall be
substituted; (vi)
after sub-rule (9), the following sub-rules
shall be inserted, namely:- "(10)
An online gaming intermediary who enables access to its users to any
permissible online real money game, shall display a demonstrable and visible
mark of verification of such online game by an online gaming self-regulatory
body on such permissible online real money game. (11)
While informing the users of its rules
and regulations, privacy policy, terms of service and user agreements under
clause (b) of sub-rule (1) of rule 3, an online gaming intermediary who enables
the users to access any permissible online real money game, shall include the
following information in respect of every such online games, namely:- (a)
the policy related to withdrawal or refund of
the deposit made with the expectation of earning winnings, the manner of
determination and distribution of such winnings, and the fees and other charges
payable by the user; (b)
the know-your-customer procedure followed by
it for verifying the identity of the users of such online game; (c)
the measures taken for protection of deposit
made by a user for such online game; and (d)
the framework referred to in rule 4A,
relating to such online game. (12)
An online gaming intermediary shall,
before accepting any deposit in cash or kind from any user for a permissible
online real money game, identify such user and verify his identity: Provided that the procedure
required to be followed by an entity regulated by the Reserve Bank of India for
identification and verification of a customer at the commencement of an
account-based relationship shall apply, mutatis mutandis, in identification and
verification of the users of such online gaming intermediary. (13)
An online gaming intermediary who enables
the users to access any permissible online real money game shall not itself
finance by way of credit or enable financing to be offered by third party for
the purpose of playing such online game.". "4A.
Verification of online real money game.- (1)
The Ministry may, by a notification in the
Official Gazette, designate as many online gaming self-regulatory bodies as it
may consider necessary for the purposes of verifying an online real money game
as a permissible online real money game under these rules. (2)
An entity which fulfils the following
criteria may apply to the Ministry for designation as an online gaming
self-regulatory body, namely:- (a)
the entity is a company registered under
section 8 of the Companies Act, 2013 (18 of 2013); (b)
its membership is representative of the
gaming industry; (c)
its members have been offering and promoting
online games in a responsible manner; (d)
its Board of Directors is comprised of
individuals of repute and do not have any conflict of interest and possess
special knowledge or practical experience suitable for the performance of the
functions of such self-regulatory body, and consists of- (i)
an individual having special knowledge of or
practical experience in the online gaming industry; (ii)
an individual having experience in promoting
the interests of users of online games; (iii)
an educationist; (iv)
an expert in the field of psychology or
mental health or such other relevant field; (v)
an individual having special knowledge of or
practical experience in the field of information and communications technology; (vi)
an individual who is or has been a member or
officer of an organisation dealing with the protection of child rights; (vii)
an individual having practical experience in
the field of public policy or public administration or law enforcement or
public finance or other relevant field, to be nominated by the Ministry; and (viii)
such other individuals as may be appointed
with the previous approval of the Ministry; (e)
its memorandum of association and articles of
association contain provisions relating to- (i)
the performance of its functions under these
rules, including the redressal of grievances under sub-rule (11), in a manner
free from conflict of interest and at arms length from its members; (ii)
the disclosure and reporting by and
accountability of its members in relation to the online games verified by such
body; (iii)
the clear and relevant criteria, consistent
with these rules, for the acceptance and continuation of a person as its
member, and for revoking or suspending such membership after giving such person
an opportunity of being heard; and (iv)
the requirement that the amendment in the memorandum
of association and articles of association in relation to any matter referred
to in sub-clauses (i), (ii) or (iii) is carried out with the previous approval
of the Ministry; and (f)
the entity has sufficient capacity, including
financial capacity, to perform its functions as an online gaming
self-regulatory body under these rules. (3)
The online gaming self-regulatory body, upon
an application made to it by its member in respect of an online real money
game, may declare such online real money game as a permissible online real
money game, if, after making such inquiry as it deems fit, it is satisfied
that- (a)
the online real money game does not involve
wagering on any outcome; and (b)
the online gaming intermediary and such
online game is in compliance with the provisions of rules 3 and 4, the
provisions of any law relating to the age at which an individual is competent
to enter into a contract, and the framework made by the online gaming
selfregulatory body under sub-rule (8): Provided that an online
gaming self-regulatory body may, initially rely upon the information furnished
by the applicant for verification of the online real money game and declare
such game as a permissible online real money game for a period not exceeding
three months: Provided further that the
online gaming self-regulatory body shall endeavour to complete the inquiry
within the said period of three months and, upon its completion, either declare
the online real money game as a permissible online real money game or inform
the applicant in writing with the reasons thereof that such online game does
not meet the requirements under these rules. (4)
The online gaming self-regulatory body shall
publish and maintain on its website, mobile based application or both, at all
times, an updated list of all permissible online real money games verified
under sub-rule (3), along with the details of such online games including the
details of the applicant, the dates and period of validity of the verification,
the reasons of such verification and the details of the suspension or
revocation, if any, of verification of any online real money game. (5)
Every online gaming self-regulatory body
shall publish and maintain on its website, mobile based application or both, at
all times, an updated list of all its members, whether present or former, the
dates of their acceptance as member, their corporate or business-related
identity number and other details, and the details of suspension or revocation
of membership of any member. (6)
The online gaming self-regulatory body may,
at any time, after giving the applicant member an opportunity of being heard
and for reasons to be communicated in writing, suspend or revoke the
verification, if it is satisfied that the online real money game verified by it
is not in compliance with the provisions of these rules. (7)
The online real money game verified under
sub-rule (3), and the online gaming intermediary which enables access to such
online real money game, shall display a demonstrable and visible mark of such
verification stating that the online real money game is verified by the online
gaming self-regulatory body as a permissible online real money game under these
rules. (8)
The online gaming self-regulatory body shall
prominently publish on its website, mobile based application or both, as the
case may be, a framework for verifying an online real money game, which, among
other things, includes the following, namely:- (a)
the measures to ensure that such online real
money game is not against the interests of sovereignty and integrity of India, security
of the State, friendly relations with foreign States and public order; (b)
the safeguards against user harm, including
self-harm and psychological harm; (c)
the measures to safeguard children, including
measures for parental or access control and classifying online games through
age-rating mechanism, based on the nature and type of content; and (d)
the measures to safeguard users against the
risk of gaming addiction, financial loss and financial fraud, including
repeated warning messages at higher frequency beyond a reasonable duration for
a gaming session and provision to enable a user to exclude himself upon
user-defined limits being reached for time or money spent. (9)
The Ministry may, if it considers it
necessary, by a notice in writing, require an online gaming selfregulatory body
to furnish to the Ministry or disclose on such bodys website or mobile based
application or both, such information as the Ministry may specify in the
notice. (10)
Before issuing a direction under section 69A
of the Act in respect of a permissible online real money game, the Central
Government may take into consideration the details published by an online
gaming self-regulatory body under sub-rule (4). (11)
Every online gaming self-regulatory body
shall prominently publish on its website, mobile based application or both, the
framework for redressal of grievances and the contact details of the Grievance
Officer to which an applicant aggrieved by a decision of such body with respect
to verification may make a complaint in respect of any matter related to such
online real money game or verification which shall be acknowledged by the
Grievance Officer within twenty-four hours and resolved within a period of
fifteen days from the date of its receipt. (12)
Where the Ministry is of the view that any verification
of a permissible online real money game by an online gaming self-regulatory
body is not in conformity with these rules, it may, after giving such body an
opportunity of being heard, communicate, in writing, the fact of such
non-conformity to that body and direct it to take measures to rectify the same. (13)
The Ministry may, if it is satisfied that it
is necessary so to do, after giving the online gaming selfregulatory body an
opportunity of being heard, by order, for reasons to be recorded in writing,
suspend or revoke the designation of such body: Provided that the Ministry
may, in the interest of the users of any online game that was verified by such
body at the same time or at any subsequent time, give such interim directions
as it may deem necessary to any intermediary or class of intermediaries
regarding enabling its users to access such online game. (14)
In this rule, "prominently publish"
shall mean publishing in a clearly visible manner on the home page of the
website or the home screen of the mobile based application, or both, as the
case may be, or on a web page or an app screen directly accessible from the
home page or home screen. 4B.
Applicability of certain obligations after an initial period.- The obligations under rules
3 and 4 shall not apply in relation to online games until the expiry of a
period of three months from the date on which at least three online gaming
self-regulatory bodies have been designated under rule 4A: Provided that the Central
Government may, at any time before the expiry of the said period of three
months, by a notification in the Official Gazette, direct that the obligations
under rules 3 and 4 shall apply in relation to an online game from such date as
may be specified in the notification. 4C. Obligations in relation to online game other
than online real money game.- (1)
If the Central Government considers it
necessary so to do in the interest of the sovereignty and integrity of India or
security of the State or friendly relations with foreign States or public
order, or preventing user harm, it may, by a notification in the Official
Gazette, for reasons to be recorded in writing,- (a)
direct that an intermediary in respect of
such online game, shall observe, mutatis mutandis, the obligations under
sub-clauses (ix) and (x) of clause (b) of sub-rule (1) of rule 3 and subrules
(1), (5), (6), (7), (10) and clause (d) of sub-rule (11) of rule 4 as if it is
a permissible online real money game; and (b)
specify the period within which the online
gaming intermediary which enables access to such online game shall observe the
obligations referred to in clause (a). (2)
Where an online game is notified under
sub-rule (1), the provisions of rule 4A shall apply as they apply to a
permissible online real money game. Explanation.-In this rule,
"user harm" means any effect which is detrimental to users.".Information
Technology (Intermediary Guidelines And Digital Media Ethics Code) Amendment
Rules, 2023
In the Information Technology (Intermediary Guidelines and Digital Media Ethics
Code) Rules, 2021 (hereinafter referred to as the said rules), in rule 2, in
sub-rule (1),-
In rule 3 of the said rules,-
In rule 3A of the said rules,-
In rule 4 of the said rules,-
After rule 4 of the said rules, the following rules shall be inserted, namely:-