New Delhi: The Ministry of Information and Broadcasting today cautioned social media influencers against endorsing offshore online betting and gambling platforms.
It warned that failure to comply may lead to proceedings under the Consumer Protection Act, 2019 provisions including removal or disabling of social media posts or accounts and penal action under the applicable statutes.
The Ministry advised that endorsers and influencers on social media should not promote or advertise, including surrogate advertisements of offshore online betting and gambling platforms, and also advised the online advertisement intermediaries not to target such promotional content towards the Indian audience as these advertisements have “significant financial and socio-economic implications of online betting and gambling on consumers, particularly the youth”.
“Social media intermediaries have also been advised to conduct sensitization efforts among their users to refrain from publishing such content,” the Ministry stated.
The advisory underlined that while Section 79 of the IT Act, 2000 provides for exemption from liability of intermediaries for third-party information, data, or communication links made available or hosted by them, Subsection (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 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.
