The Ministry of Electronics & Information Technology (MeiTY) on February 03, 2023, issued guidelines for online gaming. Intermediaries offering online games shall observe diligence and if they fail to observe such diligence, they shall no longer be exempt from their liability under law for third-party information or data or communication link hosted by them, including on websites. Such diligence includes the following:
i.To make reasonable efforts to cause its user not to host, display, publish, transmit, or share any information (including information in the nature of an online game) that is harmful to the child, causes incitement to the commission of any cognizable offense, relates to encourages gambling, or violates any law for the time being in force;
ii. To not host, store, or publish unlawful information (including information in the nature of an online game), on a voluntary basis on violation of the above, and on actual knowledge upon receipt of a grievance or court order or notice from the appropriate government or its agency;
iii. To have in place a grievance redressal machinery, and resolve complaints of violation of the rules within 72 hours of being reported and, in case of a complaint by an individual or her/his authorised representative, remove within 24 hours any content which prima facie exposes the private area of such individual, shows a such individual in full or partial nudity or shows or depicts such individual in any sexual act or conduct; and
iv. To provide, upon receipt of an order from a lawfully authorised government agency, information or assistance for prevention, detection, investigation, or prosecution under the law.
