India: Opened consultation on Draft Amendments to the IT (Intermediary Guidelines & Digital Media Ethics Code) Rules 2021 in relation to online gaming including content moderation

On 2 January 2023, the Ministry of Electronics and Information Technology issued the draft amendments to the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, in relation to online gaming and opened a public consultation until 25 January 2023. In particular, the draft states that online gaming intermediaries are required to observe due diligence and implement measures that would discourage their users from hosting, distributing, uploading, displaying and transmitting on their online platform games that do not follow the legal framework regarding copyright, gambling, betting and obligations on age-related content and contracts. Furthermore, under the draft, the intermediaries will be required to implement systems that would allow for the display of a registration mark on all online games that are registered with an approved self-regulatory body and inform its users about the policy related to deposits, withdrawals and refunds.