The Union Information & Broadcasting Ministry on Thursday cautioned social media influencers against endorsing offshore online betting and gambling platforms, stating that failure to comply with the advisory might lead to removal of social media posts and accounts.
The Ministry advised all the endorsers and influencers on social media to refrain from promoting even surrogate advertisements of the offshore online betting and gambling platforms. It said such advertisements had a significant financial and socio-economic implications of online betting and gambling on consumers, particularly the youth.
The online advertisement intermediaries have also been advised not to target such promotional content towards Indian audience. The Ministry has also asked them to conduct sensitisation efforts among their users in this regard.
“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,” it said.
Section 79 of the Information Technology Act, 2000, provided for exemption from liability of intermediaries for third party information, data, or communication link made available or hosted by them.
However, the Ministry said, the provision’s sub-section (3)(b) stated that the exemption would 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 was being used to commit the unlawful act, the intermediary failed 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 March 6, 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,” said the Ministry.
