Tamil Nadu bans online gambling and regulates online games
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With Governor R N Ravi signing the re-enacted bill into law, the Tamil Nadu government has banned online gambling and regulated online games in the state by publishing the Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Bill, 2022 in the gazette.
The government notified the new law immediately after the Governor sent his assent on Monday evening, attaching importance to the sensitive issue which claimed the lives of 44 people in the past two years. The bill became a bone of contention between the DMK dispensation and the Governor, who returned the legislation to the Tamil Nadu Assembly after keeping the file with him for over 130 days.
The governor came under criticism for holding the bill for a long time, despite signing the ordinance on the same subject, by arguing that the state doesn’t have legislative competence to draft a bill on the matter. Days after he returned the bill to the Assembly, the Union Government said the state governments possess the power to pass legislation on the issue as it comes under Section 34 of the 7th schedule of the Constitution.
After the government re-enacted the bill in the Assembly on March 23 and sent it to him, the Governor was forced to sign it into a law. However, the law is likely to be challenged in a court of law by the All India Gaming Federation.
The new bill was drafted based on a detailed report filed by a panel headed by Justice (retired) K Chandru after consultations with stakeholders, students, teachers, and the general public. A law enacted in 2020 by the then AIADMK government was struck down by the Madras High Court which advised the DMK dispensation to draft a stronger law.
Under the new law, indulging in online gambling or playing games like poker and advertising in any media about the above-mentioned games of chance is a punishable offence.
While indulging in online gambling with money carries a punishment of three months’ imprisonment or fine which may extend to Rs 5,000 or both, those who advertise will be punished with imprisonment for a term which may extend to one year or fine which may extend to Rs 5 lakh or both.
The law also says any person who provides online gambling service or any online game of chance with money shall be punished with imprisonment for a term which may extend to three years or with fine which may extend to Rs 10 lakh rupees.
The law also paves the way for constitution of Tamil Nadu Online Gaming Authority which will be headed by an officer, who has retired from a post not below the rank of Chief Secretary, and an officer, who has retired from a post not below the rank of Inspector General of Police, an expert in the field of information technology , an eminent psychologist and an expert in the field of online gaming as members.
The Authority will regulate online games, issue certificates of registration to local online games providers, identify online games of chance and recommend to the government for inclusion in the Schedule, oversee the functioning of the online games providers in the State, and collect and maintain information and data with regard to the activities of the online games providers.
