MIB advises social media influencers against endorsing offshore online betting and gambling platforms
Failure to comply may lead to removal of social media post and accounts.
NEW DELHI: Ministry of
Information and Broadcasting has advised all endorsers and influencers on
social media to refrain from promoting or advertising, including surrogate
advertisements, of offshore online betting and gambling platforms. The Ministry
has said that these advertisements have a significant financial and
socio-economic implications of online betting and gambling on consumers,
particularly the youth.
The Ministry has further advised
the online advertisement intermediaries not to target such promotional content
towards Indian audience. Social media intermediaries have also been advised to
conduct sensitization efforts among their users to refrain from publishing such
content.
The advisory cautions that
failure to comply with it may lead to proceedings under the provisions of
Consumer Protection Act, 2019 including removal or disabling of social media
posts or accounts and penal action under the applicable statutes.
The advisory underlines that
while Section 79 of the IT Act, 2000 provides for exemption from liability of
intermediaries for third party information, data, or communication link made
available or hosted by them, Sub section (3)(b) of section 79 provides that the
exemption from liability shall not apply if upon receiving actual knowledge, or
on being notified by the appropriate Government or its agency that any
information, data or communication link residing in or connected to a computer
resource controlled by the intermediary is being used to commit the unlawful
act, the intermediary fails to expeditiously remove or disable access to that
material on that resource without vitiating the evidence in any manner.
The Ministry has reiterated the
advisory by the Central Consumer Protection Authority (CCPA) dated 06.03.2024
which had expressed concerns regarding endorsements of betting/gambling
platforms by celebrities and influencers to endorse and promote their betting
activities, and had cautioned that any such direct or indirect advertisement or
endorsement shall be subject to rigorous scrutiny.