Centre's grievance appellate committee to hear pleas against gaming SRBs

WATCHER BEING WATCHED: Risk of capture of self-regulatory bodies flagged

A government-appointed grievance appellate committee (GAC) will handle complaints against self-regulatory bodies (SRBs) for the online gaming sector to solve any disputes on their decisions on matters like membership of companies and registration of games under the upcoming online gaming rules, informed sources.

The Ministry of Electronics and Information Technology (MeitY) in January this year proposed the formation of SRBs for online gaming with draft amendments to the Information Technology, or IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

The SRBs have been given significant powers, such as certifying what is permitted as ‘online game’ in India. All gaming intermediaries are required to register themselves with an SRB and display a registration mark. The bodies will also need to provide a mechanism for the time-bound resolution of user complaints against gaming companies.

“Everyone will have two levels to resolve their grievances,” said a senior government official.

“The companies should first try to solve the disputes within the SRB. If they fail to arrive at a consensus, they can appeal to GAC. If it remains unresolved, the aggrieved parties can go to court,” the senior official added.

Several industry stakeholders raised concern about the risk of capture of these SRBs by dominant gaming companies. Final scrutiny of the amendments is “almost complete” and the rules are likely to be notified within a week, said an official.

“The final version of the rules will ensure the independence of the self-regulatory organisations. The constitution of an SRB has been designed in a way that it can act as an independent organisation,” he added.

MeitY last month established three GACs under Rule 3A of the IT Rules, 2021, to create avenues for resolving user grievances against online platforms, apart from courts. Each panel comprises a chairperson and two whole-time members appointed by the government.

Currently, the committees are headed by Rajesh Kumar, chief executive officer of the Indian Cyber Crime Coordination Centre; the Ministry of Home Affairs; Vikram Sahay, joint secretary in charge of policy and administration division in the Ministry of Information and Broadcasting; and Kavita Bhatia, joint secretary rank officer in MeitY will head the committees as ex-officio chairperson.

The rules define an online game as any game that is offered on the internet and accessible by a user through a computer resource if he makes a deposit with the expectation of earning winnings. Once the policy is enacted, the gaming platforms will be required to observe due diligence under the rules, including “reasonable efforts” to cause its users not to host, display, upload, publish, transmit or share an online game not in conformity with Indian law, including any law on gambling or betting.

The government official quoted earlier added that the rules will also give a basic list of the do’s and don’ts for SRBs to act as ‘guardrails’.

NOT AN EASY GAME

Draft gaming rules proposed

• SRBs had final word on memberships, registration of games
• These decisions could only be challenged in courts
• Could have led to increased litigation

Broadened scope of GACs to bring in…

• Extra level for appeals against the SRBs’ decisions
• GACs may overrule the decisions by gaming SRBs
• An oversight from the government through GACs