I&B Ministry Issues Advisory for Private TV Channels

On 5th December, an advisory was issued to all private television channels by the Ministry of Information and Broadcasting (I&B) to adhere to the Advertising Standards Council of India (ASCI) guidelines on advertisements related to fantasy sports, online gaming, etc. The Ministry is of the view that the advertisements should not promote any prohibited activities as per law or statue.

The advisory said, “It has come to the notice of Ministry of I&B that a large number of advertisements on Online Gaming, Fantasy Sports, etc have been appearing on the television. Concerns were expressed that such advertisements appear to be misleading, do not correctly convey to the customers the financial and other risks associated thereof, are not in strict conformity with the Advertising Code laid down under Cable Television Networks (Regulation) Act, 1995 and the Consumer Protection Act, 2019.”

A consultation meeting was held by the I&B Ministry with the representatives and officials of the ASCI, Ministry of Consumer Affairs, Indian Broadcasting Foundation, News Broadcasters Association, Federation of Indian Fantasy Sports, All India Gaming Federation, and the Online Rummy Federation before the advisory was issued.

The guidelines of ASCI mention that such gaming advertisement must carry the following disclaimer: ‘This game involves an element of financial risk and may be addictive. Please play responsibly and at your own risk”. This disclaimer should at least occupy 20% space of the ad.

Also, the guidelines mention that these ads cannot depict users under 18 years of age engaged in playing these online games or suggest that they can. The ads also should not claim that such games are alternative income generation or employment opportunities.