Pursuant to the Advisory reported earlier (please refer to e-mail in trail for details), the Ministry of Information and Broadcasting (“MIB”) has in an Advisory addressed to: social media influencers and endorsers, social media intermediaries, and online advertisement intermediaries cautioned against showing such promotional content/advertisements, including surrogate advertisements, of offshore online betting and gambling platforms in any form. It is reiterated that under Section 79 of the IT Act, 2000, intermediaries are exempt from liability for third-party content hosted by them. However, the exemption does not apply if the intermediary fails to promptly remove or disable access to material upon receiving notification from the appropriate Government or its agency regarding unlawful activities.
Given the significant financial and socio-economic implications of online betting and gambling on consumers, particularly the youth, MIB strongly advises all endorsers and influencers on social media to refrain from showcasing such promotional content/advertisements, including surrogate advertisements, of offshore online betting and gambling platforms in any form. Additionally, online advertisement intermediaries are advised not to target such content toward the Indian audience, and social media intermediaries are urged to conduct sensitization efforts among their users to avoid publishing such content.
Non-compliance may trigger penalties under Consumer Protection Act, 2019 and content removal.
A copy of the Advisory is linked below for ease of reference.
Source: Ministry of Information and Broadcasting
