Madras HC Knocks Down TN Law Banning Online Betting Games

The Madras High Court (HC) completely overturned the state government's recent amendment to the Tamil Nadu Gaming Law, which prohibits online gaming, including online poker and online rummy. Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy overturned an amendment made earlier this year that allowed Junglee Games India Private Limited and other companies to file a batch of PIL petitions. The last AIADMK government promulgated this law. The second part of the TN Gaming & Police Law (Amendment) Act of 2021 prohibits betting or wagering in cyberspace, as well as skill games for betting, wagering, money, or other stakes, and was declared unconstitutional by the court. By implementing a comprehensive and far-reaching ban, the least intrusive test is violated, so the ban had thereby fallen foul of Article 19(1)(g) of the Constitution (the right to engage in any profession, or to carry on any occupation, trade, or business), the court said. The legislation assailed must be regarded as something done capriciously and irrationally. He said this is excessive and disproportionate. The court added: “Therefore, this court goes beyond the constitution to completely abolish the reform.” However, it gives the state the freedom to pass other legislation without loopholes. The magistrate added that nothing in this ruling will prevent the state government from introducing appropriate legislation based on the constitutional property principle. In early July 26th, when the court retained his order, Attorney General R Shanmugasundaram sought time to get instructions on whether the new DMK government could amend the law (passed during the AIADMK regime in February this year) or issue an ordinance after the ban was imposed. It is imposed for the public interest. However, the court rejected the request and stated that the court had no scope to wait for the government's decision after the debate. When the Attorney General claimed that online games are easily manipulated, the bench quipped "You are here to supervise it. You cannot completely ban the game." Roland Landers, CEO of the All India Gaming Federation, welcomed the ruling and told PTI: "We welcome The order of the Madras High Court, which iterates that the court is not opposed to online gaming, and calls on the government to develop a regulatory framework to provide clear information on the growing online gaming industry to encourage investment, thereby promoting technological advancement and income and employment opportunities. "He added. In addition, he said that as the oldest online skill gaming industry organization, the All India Gaming Federation has most of the stakeholders in the online gaming industry as members. “At AIGF, we have been at the forefront of ensuring global best practices for its stakeholders through a self-regulating skill game charter, which covers all aspects of the online game business and is overseen by expert consultants. To strengthen its process, AIGF also cooperates with Arthur D Little (ADL) and looks forward to wholeheartedly supporting the government when necessary, and providing the government with its experience and expertise when necessary," he added. In 2018, the All India Gaming Federation issued the "Skills Gaming Charter", which is based on the four pillars of integrity, legality, global best practices, and good governance. AIGF stated in a press release that the charter focuses entirely on player protection and responsible gaming, including marketing and advertising guidelines. By adopting principles and disciplinary procedures, AIGF has established a self-disciplined community and a favorable ecosystem to provide online skill games transparently and fairly, and appropriately respect the interests of consumers and stakeholders. Credits: BusinessToday.In Financial Express By Shivani Jha