The Ministry of Information and Broadcasting has issued a directive today, advising all endorsers and influencers active on social media platforms to abstain from endorsing or advertising offshore online betting and gambling platforms, including surrogate advertisements. According to the Ministry, these advertisements carry significant financial and socio-economic implications, especially for the youth, who are particularly vulnerable to the allure of online betting and gambling.
Furthermore, the Ministry has urged online advertisement intermediaries to refrain from targeting Indian audiences with such promotional content. Social media intermediaries have also been encouraged to educate their users about the importance of avoiding the dissemination of such content.
The advisory warns that failure to adhere to these guidelines could result in legal proceedings under the Consumer Protection Act, 2019, potentially leading to the removal or disabling of social media posts or accounts, as well as punitive measures under relevant statutes.
It is highlighted in the advisory that although Section 79 of the IT Act, 2000 provides intermediaries with immunity from liability for third-party information, data, or communication links hosted by them, Subsection (3)(b) of section 79 stipulates that this immunity does not apply if intermediaries fail to promptly remove or disable access to material being used for unlawful activities, upon receiving actual knowledge or notification from the appropriate government or its agency.
The Ministry has reiterated a previous advisory issued by the Central Consumer Protection Authority (CCPA) on March 6, 2024, expressing concerns about celebrities and influencers endorsing betting/gambling platforms to promote their betting activities. The advisory had cautioned that any such direct or indirect advertisement or endorsement would be subject to rigorous scrutiny.
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